PERFORMANCE OF CONTRACT
PERFORMANCE OF CONTRACT Every contract consists of reciprocal promises. Each party to a contract is bound to perform the promise made by him. According to Section 37 : "The parties to a contract must either perform or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of this Act, or of any other law." The parties to the contract have a duty to: (i) perform, or (ii) offer to perform, their respective promises. According to Section 38, as has been explained below, just like actual performance, an offer of performance (or tender) by the promisor discharges a promisor from his obligation under a contract. Thus, if A offers to perform his part of the promise, but the other party, B, does not avail of such performance, A would be discharged from his obligation under the contract. The parties to contract, however, need not perform their promises in case: (i) such performance is dispensed wit...