Mera Samvidhaan All of Indian Contract Act, 1872

Chapter IV · Of the Performance of Contracts

40Person by whom promise is to be performed.

Section 40 · Chapter IV · By whom contracts must be performed · page 22 of the Act

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 himself, such promise must be performed by the promisor. In other cases, the promisor or his representatives may employ a competent person to perform it.

Illustrations

(a)A promises to pay B a sum of money. A may perform this promise, either by personally paying the money to B or by causing it to be paid to B by another ; and, if A dies before the time appointed for payment, his representatives must perform the promise, or employ some proper person to do so.

(b)A promises to paint a picture for B. A must perform this promise personally.

Section 40 of The Indian Contract Act, 1872 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.