Performance in manner or at time prescribed or sanctioned by promisee
Chapter 5: Of the performance of contracts
The performance of any promise may be made in any manner, or at any time which the promisee prescribes or sanctions.
Illustrations.
(a) B owes A 2,000 rupees. A desires B to pay the amount to A‟s account with C, a banker. B, who also banks with C, orders the amount to be transferred from his account to A‟s credit, and this is done by C. Afterwards, and before A knows of the transfer, C fails. There has been a good payment by B.
(b) A and B are mutually indebted. A and B settle an account by setting off one item against another, and B pays A the balance found to be due from him upon such settlement. This amounts to a payment by A and B, respectively, of the sums which they owed to each other.
(c) A owes B 2,000 rupees. B accepts some of A‟s goods in reduction of the debt. The delivery of goods operates as a part payment.
(d) A desires B, who owes him Rs. 100, to send him a note for Rs. 100 by post. The debt is discharged as soon as B puts into the post a letter containing the note duly addressed to A.
The Indian Contract Act, 1872 (Act No. 9 of 1872). From the updated text on India Code, with later amendments. Being checked against the official copy; amendment notes are not shown yet.
Related sections
- 47Time and place for performance of promise, where time is specified and no application to be made
- 48Application for performance on certain day to be at proper time and place
- 49Place for performance of promise, where no application to be made and no place fixed for performance
- 51Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
- 52Order of performance of reciprocal promises
- 53Liability of party preventing event on which the contract is to take effect