Performance of Contract

Performance of Contract means fulfilling the legal obligations respectively created under the contract by both the promisor and the promisee. Once the parties have entered into a contract, the next logical thing is to perform the respective parts of the promises that were agreed upon at the time of entering the contract. A contract is an agreement that is enforceable by law, creates a legal obligation on both parties to the contract, and exists until the contract is discharged. When the parties perform their part of the obligation, the contract gets fulfilled and discharged by performance.

Indian Contract Act 1872: Elements, Types and FAQs

The Indian Contract Act, which became operative on September 1, 1872, is among the country’s earliest commercial laws. This law offers rules to aid in the controlled and structured formulation and execution of contracts. The basis for the process of action to be taken if any disputes arise from the contracts is provided by these rules and regulations. Except for Jammu & Kashmir, the entire nation is covered by the 266 parts of the act.

Geeky Takeaways:

  • Indian Contract Act, 1872 states that an agreement can only be formed when there is an offer from one party and an acceptance from the other party.
  • As per the provisions of the act, people signing the contract must follow the law.
  • The act further lays down provisions mentioning whether there is free consent between two parties.
  • This provision mentions every party who enters into a contract, must be competent to understand its implications and consequences, and must agree to follow them.

Table of Content

  • What is the Indian Contract Act, 1872?
  • What is a Contract under the Indian Contract Act, 1872?
  • Essential Elements of a Valid Contract
  • Types or Forms of Contracts
  • Performance of Contract
  • Discharge of a Contract
  • Breach of Contracts
  • Remedies for the Breach of Contract
  • Frequently Asked Questions (FAQs)

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What is the Indian Contract Act, 1872?

The Indian Contract Act, 1872 is a detailed set of laws that regulates all transactions between businesses in India. In addition to providing remedies for violation of contract, the act establishes the guidelines and standards that must be followed when entering into a contract. Being among the oldest laws in India, it has gone through multiple amendments throughout the years to accommodate shifting financial circumstances. It is relevant to every state in India. It establishes the conditions under which a contract’s parties’ promises are enforceable....

What is a Contract under the Indian Contract Act, 1872?

A contract is an agreement that is legally enforceable. Unless and until it is made legally enforceable, an agreement cannot be referred to as a contract. An agreement that is enforceable by law and acknowledged by both parties is called a contract. It imposes on all the parties concerned certain rights as well as obligations that they must carry out. While all agreements are not contracts, a contract is certainly an agreement....

Essential Elements of a Valid Contract

A contract must meet the requirements outlined in Section 10 of the Indian Contract Act in addition to being legally enforceable:...

Types or Forms of Contracts

The subject of voidable contracts and void agreements is covered in Chapter 2 of the Indian Contract Act, 1872. The following list categorizes contracts into five different categories according to their enforceability or validity:...

Performance of Contract

Performance of Contract means fulfilling the legal obligations respectively created under the contract by both the promisor and the promisee. Once the parties have entered into a contract, the next logical thing is to perform the respective parts of the promises that were agreed upon at the time of entering the contract. A contract is an agreement that is enforceable by law, creates a legal obligation on both parties to the contract, and exists until the contract is discharged. When the parties perform their part of the obligation, the contract gets fulfilled and discharged by performance....

Discharge of a Contract

The Discharge of a Contract takes place when none of the parties to the contract is left liable under it, and the objective or responsibilities of the contract have been completed. Discharge of contract can also be called Termination of the Contractual Relationship between the parties to the contract and also the rights and obligations of the parties which are created at the time the contract is made come to an end. There are several ways by which a contract can be terminated; i.e., either positively, via performance, or negatively, through breach...

Breach of Contracts

When one party to a legally binding contract neglects to fulfil their end of the bargain, that party has committed a breach of contract. A written contract or an informal contract may both experience a breach of terms. If there has been a breach of contract, the parties may choose to settle the dispute in court or among themselves. Different kinds of contract breaches exist, such as actual or anticipatory violations and minor or material breaches. A violation of a contract hardly ever results in additional financial compensation and is not regarded as a crime or even a violation....

Remedies for the Breach of Contract

The following are the different remedies available in the event of a contract breach:...

Frequently Asked Questions (FAQs)

1. What is Offer under Indian Contract Act, 1872?...