Thursday, August 13, 2020

Performance of Contracts - One Liners

 

1.    A promisor has made an offer of performance to the promisee, and the offer has not been accepted, is the promisor responsible for  non-performance?

The promisor is not responsible for  non-performance (Refer S. 38)

2.    A promisor is to perform his promise and no time for performance is specified, what will be the time period for the promise to be performed?

Within a reasonable time (Refer S. 46)

3.    The question “what is a reasonable time” in a particular case is a question of fact or a question of law?

A question of fact

4.    A promises to deliver goods at B’s warehouse on the first 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 performed his promise. True or false?

False

5.    A and B contract that A shall deliver goods to B to be paid for by B on delivery. B is not willing to pay for the goods on delivery. Is A liable if he does not deliver the goods?

No (Refer illustration (a) of section 51)

6.    A contract contains reciprocal promises, and one party to the contract prevents the other from performing his promise. What is the nature of contract?

Becomes voidable at the option of the party so prevented (Refer S. 53)

7.    What is the effect of an agreement to do an act impossible?

Void (Refer S. 56)

8.    After the contract is made, it becomes impossible to perform. What’s the nature of contract then?

Becomes void when the act becomes impossible or unlawful (Refer S. 56).

9.    A and B agree that A shall sell B a house for 10,000 rupees, but that, if B uses it as a gambling house, he shall pay A 50,000 rupees for it. What is the nature of promise/contract?

The first set of reciprocal promises, namely, to sell the house and to pay 10,000 rupees for it, is a contract.

The second set is for an unlawful object, namely, that B may use the house as a gambling house, and is a void agreement. (Refer illustration of Section 57)

10.A contract becomes void and one of the parties has received some advantage under such contract. Is he liable to compensate?

Yes (Refer S. 65)

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