Chapter IV — Of the Performance of Contracts

Indian Contract Act, 1872 · Sections 37–67

• Contracts which must be performed
• 37Obligation of parties to contracts.
• 38Effect of refusal to accept offer of performance.
• 39Effect of refusal of party to perform promise wholly.
• By whom contracts must be performed
• 40Person by whom promise is to be performed.
• 41Effect of accepting performance from third person.
• 42Devolution of joint liabilities.
• 43Any one of joint promisors may be compelled to perform.
• 44Effect of release of one joint promisor.
• 45Devolution of joint rights.
• Time and place for performance
• 46Time for performance of promise, when no application is to be made and no time is specified.
• 47Time and place for performance of promise, where time is specified and no application to be made.
• 48Application for performance on certain day to be at proper time and place.
• 49Place for performance of promise, where no application to be made and no place fixed for performance.
• 50Performance in manner or at time prescribed or sanctioned by promisee.
• Performance of reciprocal promises
• 51Promisor not bound to perform, unless reciprocal promisee ready and willing to perform.
• 52Order of performance of reciprocal promises.
• 53Liability of party preventing event on which the contract is to take effect.
• 54Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises.
• 55Effect of failure to perform at fixed time, in contract in which time is essential.
• 56Agreement to do impossible act.
• 57Reciprocal promise to do things legal, and also other things illegal.
• 58Alternative promise, one branch being illegal.
• Appropriation of payments
• 59Application of payment where debt to be discharged is indicated.
• 60Application of payment where debt to be discharged is not indicated.
• 61Application of payment where neither party appropriates.
• Contracts which need not be performed
• 62Effect of novation, rescission, and alteration of contract.
• 63Promisee may dispense with or remit performance of promisee.
• 64Consequences of rescission of voidable contract.
• 65Obligation of person who has received advantage under void agreement, or contract that becomes void.
• 66Mode of communicating or revoking rescission of voidable contract.
• 67Effect of neglect of promisee to afford promisor reasonable facilities for performance.

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