Indian Contract Act : Person by whom promise is to be performed Indian Bare Acts :

Indian Contract Act,1872

Act No : 9

Section : Person by whom promise is to be performed

40.Person by whom promise is to be performed.-If it appears fromthe nature of the case that it was the intention of the parties to anycontract that any promise contained in it should be performed by thepromisor himself, such promise must be performed by the promisor. Inother cases, the promisor or his representatives may employ acompetent person to perform it. Illustrations (a) A promises to pay B a sum of money. A may perform thispromise, either by personally paying the money to B or by causing itto be paid to B by another ; and, if A dies before the time appointedfor payment, his representatives must perform the promise, or employsome proper person to do so. (b) A promises to paint a picture for B. A must perform thispromise personally.