Contrarc act
Querist :
Anonymous
(Querist) 03 November 2011
This query is : Resolved
Section 37 in The Indian Contract Act, 1872
37. Obligation of parties to contracts.- 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.
can i get explanation of word UNLESS SUCH PERFORMANCE IS DISPENSED WITH.
prabhakar singh
(Expert) 04 November 2011
a]"unless such performance in dispensed with"
b]"or excused under the provision of this Act,"
c]"or of any other law."
The first situation a] contemplate a case where the party having right to force the performance against the other itself absolves the other and discharges it from performing the obligation or promise.So it is a matter of mutual understanding between parties.
In every contract there is a point in the scale of detailed description at which the contract may be said to be based and that point may be regarded as the CORE,the fundamental basis or purpose of the contract.
The phrase "unless such performance in dispensed with"visualizes where parties can mutually discharge each other from obligations originally agreed either completely or partly for which they may enter subsequently with deeds like RELEASE,
RESCISSION, VARIATION, ACCORD etc.,to name a few.
Situation b]&c] would be the result of law.
kuldeep kumar
(Expert) 04 November 2011
first situation is discharging contratct by act of parties second by operation of law.it may happen that parties may themselves want to get rid of liabilities created by themselves.in those circumsatances it is apt for them to adopt any of the method stated in bold letters above.
