Section 40 - Person by whom promise is to be performed : Indian Contract Act
Person by whom promise is to be performed? Section 40 of Indian Contract Act
Section 40 of Indian Contract Act 1872 : "Person by whom
promise is to be performed"
40. 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 promiser himself,
such promise must be performed by the promiser. In other cases,
the promiser or his representatives may employ a competent
person to perform it.
(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