chapter 07

Question 1

Who can Perform contract

Answer 1

1. Promisor (s) himself
2. Agent or Legal Representative (except of
   personal nature, or agreed for promisor
   himself)
3. Third Parties (with consent of promisee)

Question 2

Rules of Performance in Joint Promise

Answer 2

1. Liability of Joint promisors is joint and
   several (like partners).
2. If death, legal representatives are liable.
3. If default, other promisors will bear loss.
4. If released, other promisors are still liable,
   and released also liable to other promisors.
5. Joint promisee claim performance
   together

Question 3

If time and place is specified in the contract

Answer 3

perform at specified time and place

Question 4

if time is not specified

Answer 4

Perform within a reasonable time, on a working day, within business hours

Question 5

if place is not specified

Answer 5

Promisor must ask promisee.
Promisee must specify a proper place (e.g. at warehouse or shop, and not
at a public place.

Question 6

Consequences of Non-Performance

Answer 6

If time is essence:
Contract is voidable.
Damages if notice is given.

If time is NOT essence:
Damages if notice is given

Question 7

Order of Reciprocal Promises

Answer 7

1. Promises to be performed Simultaneously (Mutual and Concurrent
   Promises):
   Perform simultaneously.
   Don’t perform if other party is not ready to perform.
2. Order fixed (Mutual and Dependent Promises).
   Perform in specified order.
   Don’t perform if other party did not perform.
3. Order Not fixed (Mutual and Independent Promises).
   Perform in the order as nature of transaction required.
4. Illegal promise:
   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 different agreements (first illegal and then legal), don’t perform any.
5. Preventing party to Perform:
   Remedies to aggrieved party:
   Contract Voidable.
   Quantum Meruit + Damages