43. Any one of joint promisors may be compelled to perform. When two or more persons make a joint promise, the promise may, in the absence of express agreements to the contrary, compel any one or more of such joint promisors to perform the whole promise. Each promisor may compelRead…
44. Effect of release of one joint promisor. Where two or more persons have made a joint promise, a release of one of such joint promisors by the promisee does not discharge the other joint promisor, neither does it free the joint promisor so released from responsibility to the otherRead…
45. Devolution of joint rights. When a person has made a promise to two or more persons jointly, then unless contrary intention appears from the contract, the right to claim performance rests, as between him and them, with them during their joint lives, and, after the death of any oneRead…
46. Time for performance of promise, where no application is to be made and no time is specified. Where, by the contract, a promisor is to perform his promise without application by the promisee, and no time for performance is specified, the engagement must be performed within a reasonable time. Read…
47. Time and place for performance of promise, where time is specified and no application to be made. When a promise is to be performed on a certain day, and the promisor has undertaken to perform it without the application by the promisee, the promisor may perform it at anyRead…
48. Application for performance on certain day to be at proper time and place. When a promise is to be performed on a certain day, and the promisor has not undertaken to perform it without application by the promisee, it is the duty of the promisee to apply for theRead…
49. Place for the performance of promise, where no application to be made and no place fixed for performance. When a promise is to be performed without application by the promisee, and not place is fixed for the performance of it, it is the duty of the promisor to applyRead…
50. Performance in manner or at time prescribed or sanctioned by promise. The performance of any promise may be made in any manner, or at any time which the promisee prescribes or sanctions. Illustrations- (a) B owes A 2,000 rupees. A desires B to pay the amount to A’s accountRead…
51. Promisor not bound to perform, unless reciprocal promisee ready and willing to perform. When a contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise unless the promisee is ready and willing to perform his reciprocal promise. Illustrations- (a) A and B contract thatRead…
52. Order of performance of reciprocal promises. Where the order in which reciprocal promises are to be performed is expressly fixed by the contract, they shall be performed in that order, and where the orders is not expressly fixed by the contract, they shall be performed in that order whichRead…
53. Liability of party preventing event on which contract is to take effect. When a contract contains reciprocal promises and one party to the contract prevents the other from performing his promise, the contract becomes voidable at the option of the party so prevented; and he is entitled to compensationRead…
54. Effect of default as to the promise which should be performed, in contract consisting or reciprocal promises. When a contract consists of reciprocal promises, such that one of them cannot be performed, or that its performance cannot be claimed till the other has been performed, and the promisor ofRead…
55. Effect of failure to perform a fixed time, in contract in which time is essential. When a party to a contract promises to do a certain thing at or before a specified time, or certain thins at or before a specified time and fails to do such thing atRead…
56. Agreement to do impossible act. An agreement to do an act impossible in itself is void. Contract to do act afterwards becoming impossible or unlawful: A contract to do an act which, after the contract is made, becomes impossible or, by reason of some event which the promisor couldRead…
57. Reciprocal promise to do things legal, and also other things illegal. Where persons reciprocally promise, firstly to do certain things which are legal, and, secondly under specified circumstances, to do certain other things which are illegal, the first set of promise is a contract, but the second is aRead…
58. Alternative promise, one branch being illegal. In the case of an alternative promise, one branch of which is legal and other other illegal, the legal branch alone can be enforced. Illustration- A and B agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver toRead…
