Page 26 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Unit 1: Laws of Contract

3. Right of contribution amongst joint promisors: Where, a joint promisor has been compelled Notes
to perform the whole promise, he may compel every other joint promisor to contribute
equally with himself to the performance of the promise, unless a contrary intention appears
from the contract.

Example: A, B and C are under a joint promise to pay D ` 3,000. C is unable to pay anything
and A is compelled to pay the whole amount of ` 3,000. A is entitled to receive ` 1,500 from B.

4. Release of joint promisor: Where two or more persons have made a joint promise, a release
of one of such joint promisor by the promisee does not discharge the other joint promisor
or promisor; neither does it free him from the responsibility to the other joint promisor or
promisor.
5. Devolution of joint rights: When a person has made a promise to two or more persons
jointly, then unless a contrary intention appears from the contract, the right to claim
performance rests with all the joint promisees and after the death of any of them.

Example: A, in consideration of ` 5,000 lent to him by B and C, promises B and C jointly to
repay them that sum with interest on a day specifi ed. B dies. The right to claim performance rests
with B’s representative jointly with C during C’s life, and after C’s death with the representatives
of B and C jointly.

1.8.2 Rules regarding the Time, Place and Manner of Performance of
Contracts

There are several rules regarding the time, place and manner of performance of contract. These
are as follow:
1. Where the time for performance has been specified and the promisor has undertaken to

perform it without application by the promisee, the promisor must perform on the day
fixed during the usual business hours and at the place at which the promise ought to be

performed. Promises to deliver goods to B at his warehouse on 15th July. A offers the goods
at B’s warehouse but after the usual hours for closing it. The performance of A is not valid

2. Where the time of performance is not specified and the promisor agrees to perform without
a demand from the promisee, the performance must be made within a reasonable time.
What is a reasonable time is, in each particular case, a question of fact.
3. Where a promise is to be performed on a certain day, and the promisor has not undertaken
to perform it without application by the promisee, the promisee must apply for performance
at a proper place and within the usual business hours. What is a proper time and place is,
in each particular case, a question of fact.
4. When a promise is to be performed without application by the promisee and no place is

fixed for its performance, the promisor must apply to the promisee to appoint a reasonable
place for the performance of the promise, and perform it at such place. A undertakes to
deliver 1,000 kilos of Jute to B on a fi xed day. A must apply to appoint a reasonable place
for the purpose of receiving it and must deliver it to him at such place.
5. The performance of any promise may be made in any manner or at any time which the
promisee prescribes or sanctions.

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