A person is obliged to fulfil the agreed contractual obligations until he is released or unless he is released. If the person does not perform without being dismissed, liability for damages arises. Here we address the penultimate of the four main themes of contract law: how contractual obligations are fulfilled. 1. Performance of the contract by execution: – The execution of the contract takes place, if both parties are refused the performance of the obligations, can be called performance by performance. When the delivery took place well beyond 4 weeks, the buyer did not accept the service. The defendants argued that, by its conduct, the buyer had waived its right to timely performance by leniently setting a grace period. The court concluded that the buyer had asserted its right to set a time limit when it had given notice of termination. Therefore, he was allowed to terminate the contract. Predictive violation: – The phenomenon of predictive violation involves the breach of obligations committed from one person to another at the time of the contract. If a person agreed to deliver certain physical goods to the other person within the specified period, he refused to perform his duty and delivered them to another party without regard to the contract. This is called a predictive violation. If the buyer enters into a contract for the purchase of a car and dies before delivery, the buyer`s estate could be held liable; it is not impossible (for the succession) to be fulfilled.
The estate of a painter hired for a portrait cannot be sued for damages because the painter died before he could finish the work. In Snow View Properties Ltd v. Sindh and Punjab Bank, the claimant granted a loan and pledged his property to secure the loan. As the claimant was unable to repay the loan on time, the banking authorities seized the pledged assets. After the breach of contract, the claimant entered into a contract with the bank to pay a certain amount of money in exchange for his property. The banking authorities agreed to this and did not release his property, even after receiving the promised amount. The obligation to pay a contract may be subject to the satisfaction of a third party. Construction contracts often make the buyer`s payment obligation dependent on the client`s receipt of an architect`s certificate of compliance with all contractual conditions; Road construction contracts often require that the work be carried out “to the satisfaction of the district engineer”. These conditions can be stressful. The builder has already built the structure and cannot “flip” what he did. However, since the buyer wants to be sure that the building (obviously a major purchase) or street meets its specifications, the courts will hold the contractor to the condition unless it is impossible to present a certificate (for example. B, the architect may have died) or the architect acted in bad faith or the buyer somehow prevented the issuance of the certificate.
The third party`s refusal to issue a certificate must be reasonable. The parties may conclude employment contracts to the personal satisfaction of a party. Andy tells Anne, a potential client, that he will cut her hair better than his usual hairdresser, and that if she is not satisfied, she will not have to pay him. Andy cuts his hair, but Anne frowns and says, “I don`t like it.” Suppose Andy`s work is excellent. Whether Anne should pay depends on the standard of evaluation to be hired – a standard of objective or subjective satisfaction. The objective test is one that would satisfy the reasonable buyer. Most courts apply this standard when the contract involves the performance of mechanical work or the sale of a machine whose performance is objectively measurable. Even if the creditor demands the service to his “personal satisfaction”, the courts will find that the debtor has provided the service if the service provided or the goods produced are actually satisfactory.
If, on the other hand, the contractually agreed goods or services contain personal judgment and taste, the payment obligation is paid if the creditor indicates personal (subjective) dissatisfaction. It is not necessary to give a reason at all, but it must be for a reason of good faith, not just to avoid payment. The plaintiffs filed a lawsuit to obtain Rs1173`s initial bail. The court held that the original contract was void not because of a novation, but because of a breach of contract by the plaintiff and that the plaintiff had the right to sue for breach of contract. In the event of a breach of contract, the contract becomes null and void and the plaintiff may be held liable for damages. Compensation not provided by oral or written act is effective for performance of the contract if the party that has fully performed accepts any other consideration or additional consideration in exchange for waiving the right to require the other party to perform its outstanding obligations. This is called “agreement and satisfaction” (see: Full Release – Consent and Satisfaction, below). Discharge by replacement agreement is a third way of mutual withdrawal. The parties may complete the replacement of one obligation by another by mutual agreement of both parties; usually the replacement of one of the original parties to a contract with the consent of the remaining party, either a new contract or a contract in which a new person is replaced by the original debtor, and the original debtor is released. .
