Podcast
Questions and Answers
What happens to the performance of a promise if the promisor dies before it?
What happens to the performance of a promise if the promisor dies before it?
What is the consequence of a promisee not accepting an offer of performance from the promisor?
What is the consequence of a promisee not accepting an offer of performance from the promisor?
Who is bound to deliver goods in a contract if the promisor dies before delivery?
Who is bound to deliver goods in a contract if the promisor dies before delivery?
What happens to a contract if the promisor dies before the due date of performance?
What happens to a contract if the promisor dies before the due date of performance?
Signup and view all the answers
What is the condition for a promise to be binding on the representatives of the promisor?
What is the condition for a promise to be binding on the representatives of the promisor?
Signup and view all the answers
What are the conditions that an offer must fulfill?
What are the conditions that an offer must fulfill?
Signup and view all the answers
What is the effect of refusal of a party to perform a promise?
What is the effect of refusal of a party to perform a promise?
Signup and view all the answers
What happens when a party disables themselves from performing their promise?
What happens when a party disables themselves from performing their promise?
Signup and view all the answers
What is the significance of the illustration about A and B in relation to contract refusal?
What is the significance of the illustration about A and B in relation to contract refusal?
Signup and view all the answers
What is the effect of a party's acquiescence in a contract?
What is the effect of a party's acquiescence in a contract?
Signup and view all the answers
Who must perform a promise if it was the intention of the parties that it be performed by the promisor?
Who must perform a promise if it was the intention of the parties that it be performed by the promisor?
Signup and view all the answers
What happens when a promisor dies before performing their promise?
What happens when a promisor dies before performing their promise?
Signup and view all the answers
What is the significance of the illustration about A and B in relation to contract performance?
What is the significance of the illustration about A and B in relation to contract performance?
Signup and view all the answers
When can a promise be performed by a competent person?
When can a promise be performed by a competent person?
Signup and view all the answers
What is the result if an offer is made to one of several joint promisees?
What is the result if an offer is made to one of several joint promisees?
Signup and view all the answers
Study Notes
Promises and Performance
- Promises bind the representatives of the promisors in case of the death of such promisors before performance, unless a contrary intention appears from the contract.
- If a promisor dies before performance, their representatives are bound to perform the promise, and the promisee is bound to fulfill their part of the contract.
Refusal to Accept Offer of Performance
- Where a promisor has made an offer of performance to the promisee, and the offer has not been accepted, the promisor is not responsible for non-performance.
- The offer must be unconditional, made at a proper time and place, and under such circumstances that the person to whom it is made may have a reasonable opportunity of ascertaining that the person by whom it is made is able and willing to perform the whole of what they are bound to do.
- If the offer is an offer to deliver anything to the promisee, the promisee must have a reasonable opportunity of seeing that the thing offered is the thing which the promisor is bound to deliver.
Effect of Refusal of Party to Perform Promise
- When a party to a contract has refused to perform, or disabled themselves from performing their promise in its entirety, the promisee may put an end to the contract, unless they have signified, by words or conduct, their acquiescence in its continuance.
- If the promisee signifies acquiescence, they cannot put an end to the contract, but are entitled to compensation for the damage sustained by them through the other party's failure to perform.
By Whom Contracts must be Performed
- If it appears from the nature of the case that it was the intention of the parties to any contract that any promise contained in it should be performed by the promisor themselves, such promise must be performed by the promisor.
- In other cases, the promisor or their representatives may employ a competent person to perform it.
- If the promisor dies before the time appointed for performance, their representatives must perform the promise, or employ some proper person to do so.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
This quiz covers the contractual obligations of promisors and their representatives, including performance and payment after the death of a promisor.
