A contract is referred to as a joint promise when more than one promisor or promisee is involved.
Any of the following forms may be used for joint promises:
(1) When a single promisee is the subject of a promise made by many joint promisors, such as when A, B, and C jointly promise to pay D Rs. 3,000, or
(2) When a single promisor makes a promise with many joint promisees, such as when P promises to jointly pay Q and R Rs. 3,000;
(3) When many joint promisors and multiple joint promisees make a promise, for instance, when A, B, and C jointly promise to pay P, Q, and R jointly Rs. 3,000.
The legal representative of any deceased joint promisee has the right to demand performance.
Who may demand that joint promises be fulfilled?
According to Section 45, if a promise is made jointly to numerous people, each of the joint promisees has the right to demand execution and no single promisee is allowed to do so.
Place & Time of the Performance
The promisor and promisee themselves should decide when and where the contract should be fulfilled. The guidelines for time and location of contract performance can be summed up as follows:
(1) Where stipulated by the promisee- Where the time and location are stipulated by the promisee, the contract shall be performed at those times and locations.
(2) Where not provided by the promisee- If the promisee does not specify a time or location, the contract shall be carried out.
(a) In a reasonable amount of time. If a time and location are not specified, the performance must be completed on a working day in a reasonable amount of time. In any specific situation, the issue of what constitutes a fair amount of time is one of fact. It relies on the unique details of each situation and the parties' intentions when they entered into the contract.
For instance: guarantees that goods will be delivered to B's warehouse on January 1. A delivers the items to B's warehouse on that day, but it is past the regular closing time, so they are not accepted. A failed to keep his commitment.
(b) At the proper location—"What is a proper location" depends on the facts of each individual situation. In general, the promiseor is required to ask the promisee where he would like the contract to be performed and to do so.
Example, A promises to deliver a thousand jute bags to B on a specific day. A must ask B to designate an acceptable location for receiving it, and then must deliver it to him there.
(c) Performance in manner or at time prescribed or sanctioned by the promisee- The performance of any promise may be made in any manner, or at any time which the promisee prescribes or sanctions (Sec. 50)
Example, A owes B Rs. 2,000. B accepts some of A’s
goods in reduction of the debt. The delivery of the goods operates as a part payment.
