Performance of Contract | Indian Contract Act | CA Foundation
Channel: Learning With Nirmal
Date: 2023-02-21

This video talks about the following topics
Performance of contract means fulfilling of the respective legal obligations 
created under the contract, by both the parties to the contract.
According to section 37, the parties to a contract must either perform, or 
offer to perform, their respective promises, unless such performance is 
dispensed with or excused under the provision of this Act, or any other law.
Types of Performance 
1. Actual Performance
Where a promisor performs his obligation or promise under a contract, and 
the same is accepted by the promise, it is called as actual performance.
2. Attempted Performance
Where a promisor offers his performance but the promise does not accept 
the same, it is called as attempted performance.
Effects of Performance of Contract 
• Promisor is not responsible for non-performance
• He is discharged from his obligation under the contract.
• Promisor can sue the promise for breach
Who can Offer Performance of a contract? 
Persons who can perform contract
• Promisor
• Promisor’s Agent
• Legal Representative
• Third Party
• Joint Promisor
1. Promisor himself 
In the following circumstances, it is only the promisor himself who has to 
perform the contract:
a. If the contract involves personal skill of the promisor


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