Only the promisee has the authority to request fulfilment of the promise under a contract. Even if the contract was created for their advantage, a third party cannot enforce it.
In the event of the promisee's demise, his legal representatives may seek enforcement of the contract.
The contracts must be carried out as follows:
Promisor: If there is language in the agreement that demonstrates the parties' intent for the contract to be fulfilled by the promisor, then the promisor is responsible for doing so. When the contract calls for the promisor to exercise personal talent or diligence, such as when painting a picture, providing agency or service, getting married, etc.
2 Agent: Where a contract is not based on personal consideration, the promisor or his agent may appoint a qualified individual to carry it out.
For instance: A guarantees to pay B a certain amount of money. A may carry out this pledge by personally transferring the funds to B or by ordering another to do so.
3. Legal representative: If the agreement requires the use of personal skill, it terminates upon the demise of the promisor. According to the law, a personal cause of action expires at the passing of the party in question. Any other contract where personal skill is not necessary must be carried out by the legal agents. However, their responsibility is only for the value of the assets they received from the deceased.
Example: Upon payment of Rs. 1000, A agrees to deliver the products to B on a specific date. A passes away before then. The representatives of A are required to deliver the items to B, and B is required to pay the representatives of A Rs. 1,000.
4. Performance by a third party - Section 41 states that if a promisee accepts performance of a promise from a third party, he is not able to use that promise later to sue the promisor. It's vital to remember that the promisor is released from responsibility to the promisee once the promisee accepts the third party's performance.
Example: B will give A 5000 rupees. E pays the sum of Rs. 5000 in place of B, and A accepts it as complete settlement from B. A can no longer demand money from B.
Contracts that don't have to be fulfilled
The following situations do not require performance of contracts:
(1) The original contract need not be carried out if the parties agree to a novation or "Al- teration." In this situation, a new contract is substituted for the existing one.
(2) If parties to a contract decide to forgo
if the promise is partially or completely fulfilled, the original contract is discharged. Technically, this is referred to as "Remission" (Thippe).
(3) When the party whose choice a contract is made
It is voidable, thus the other person is not required to keep his word.
(4) The promisor is excused from the contract's non-performance if any promisee neglects or declines to provide the promisor with reasonable facilities for the fulfilment of his promise.
