Performance of joint Promises
When there are more than one promisor or promisee in a contract, it is known as joint promise.
Joint promises may take any of the following shapes-
1.Where several joint promisors make a promise with a single promisee, e.g. A, B and C jointly promises to pay Rs. 3,000 to D, or
(2) Where a single promisor makes a promise with several joint promisees e.g. P promises to pay Rs. 3,000 to Qand R jointly;
(3) Where several joint promisors make a promise with several joint promisees, e.g. A, B and C jointly promise to pay Rs. 3,000 to P, Q and R jointly.
When any of the joint promisees dies, the right to
claim performance rests with his legal representative.
Who can demand Performance of joint Promises?
Section 45 provides that when a promise is made to several persons jointly, the right to claim performance rest with all the promisees jointly and a single promisee can not demand performance.
Time and Place for Performanc
what time and at which place the contract should be performed is a matter that should be determined by the promisor and promisee themselves. The rules regarding time and place for performance of a contract may be summarised as follows:
(1) Where prescribed by the promisee- Where the
time and place are prescribed by the promisee, the performance of the contract must be at the specified time and place.
(2) Where not prescribed by the promisee- If no time and place are prescribed by the promisee, then the contract must be performed-
(a) Within a reasonable time- If no time and place for performance is determined, it must be performed on a working day within reasonable time. The question what is reasonable time is a question of fact in each particular case. It depends upon the special circumstances of each case and intention of the parties to the contract.
Ex. promises to deliver goods at B’s warehouse
on 1st January. On that day A brings the goods to B’s warehouse, but after the usual hour for closing it, and they are not received. A has not performed his promise.
(b) At proper place- “What is a proper place” is, in
each particular case, a question of fact. Generally speaking the promisor must ask the promisee where he would like the contract to be performed, and to perform it at such place.
Ex.A undertakes to deliver a thousand bags of
jute to B on a fixed day. A must apply to B to appoint a reasonable place for the purpose of receiving it and must deliver it to him at such place.
(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)
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.