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Rules of Contract Performance Explained

The document discusses the rules around who can perform a contract, time and place of performance, order of reciprocal promises, and consequences of non-performance. It covers topics such as joint and several liability of joint promisors, reasonable time and place of performance if not specified, order of mutual and concurrent versus dependent versus independent promises, and remedies for preventing a party from performing.

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5 views1 page

Rules of Contract Performance Explained

The document discusses the rules around who can perform a contract, time and place of performance, order of reciprocal promises, and consequences of non-performance. It covers topics such as joint and several liability of joint promisors, reasonable time and place of performance if not specified, order of mutual and concurrent versus dependent versus independent promises, and remedies for preventing a party from performing.

Uploaded by

sameedkhan123456789
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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CAF 04: Business Laws Overview:

Chapter 07: Performance of a Contract - II This chapter discusses various rules of performance of a contract e.g.:
Secret Sheet for Quick Revision Who can perform the contract Premium Content
(For students of Muhammad Asif, FCA) Time, Place and Order of Performance (For Autumn 2023)
Consequences of Non-Performance

Part 2: Time, Place and Order of Performance


Part 1: Who can Perform

LO 3: Time and Place of Performance LO 4: Order of Reciprocal Promises


LO 1: Who can Perform LO 2: Rules of Performance in Joint Promise

If time and place is specified in the contract: 1. Promises to be performed Simultaneously (Mutual and Concurrent
1. Promisor (s) himself 1. Liability of Joint promisors is joint and Perform at specified time and place. Promises):
2. Agent or Legal Representative (except of several (like partners). Perform simultaneously.
personal nature, or agreed for promisor 2. If death, legal representatives are liable. If time is not specified in contract: Don’t perform if other party is not ready to perform.
himself) 3. If default, other promisors will bear loss. Perform within a reasonable time, on a working day, within business
3. Third Parties (with consent of promisee) 4. If released, other promisors are still liable, hours. 2. Order fixed (Mutual and Dependent Promises).
and released also liable to other promisors. Perform in specified order.
5. Joint promisee claim performance If place is not specified in contract: Don’t perform if other party did not perform.
together. Promisor must promisee.
Promisee must specify a proper place (e.g. at warehouse or shop, and not 3. Order Not fixed (Mutual and Independent Promises).
at a public place). Perform in the order as nature of transaction required.

4. Illegal promise:
LO 5: Consequences of Non-Performance Only legal party to be enforced (if separable)
If alternative promises, perform legal only.
If different agreements (first legal and then illegal), perform legal only.
If time is essence: If different agreements (first illegal and then legal), don’t perform any.
Contract is voidable.
Damages if notice is given. 5. Preventing party to Perform:
Remedies to aggrieved party:
If time is NOT essence: Contract Voidable.
Damages if notice is given. Quantum Meruit + Damages

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