Indian Contract Act - Study Mode
[#1021] If the time is not the essence of the contract the failure to perform the contract by the specified time makes the contract
Correct Answer
(C) Remains valid but the promisee can claim compensation for the loss suffered by him by such failure
[#1022] A contract or an obligation to perform a promise could arise by
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(D) All of the above
[#1023] Enforceable agreements are the one
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(D) All the above
[#1024] Who is called a "promisee" according to the Contract Act?
Correct Answer
(B) A person accepting the proposal
[#1025] A contract not specifying the place of performance . . . . . . . .
Correct Answer
(C) The promisor has to apply to the promise for appointment of a place of performance and perform the promise at that place
Explanation
Solution: Indian Contract Act: The Indian Contract Act, 1872, governs contracts in India. A contract is an agreement enforceable by law. A crucial element is the performance of the contract, which involves fulfilling the obligations agreed upon by the parties. Place of Performance: This refers to the location where the contractual obligations are to be fulfilled. If the contract doesn't specify a place of performance, the law provides guidance on determining the appropriate location. Correct Answer: C The correct option is C: The promisor has to apply to the promisee for appointment of a place of performance and perform the promise at that place. According to the Indian Contract Act, if a contract doesn't specify a place of performance, the promisor (the person making the promise) must request the promisee (the person to whom the promise is made) to designate a suitable place for performance. The performance must then take place at the location specified by the promisee. Why other options are incorrect: A: Can be performed at any place to the knowledge of the promisee: This is incorrect. The promisor cannot unilaterally decide the place of performance. The promisee's consent is required. B: The promisor need not seek any instruction from the promisee as to the place of performance: This is incorrect. The Act explicitly states that the promisor needs to seek instruction from the promisee in the absence of a specified place of performance. D: The promisor can perform the promise at a place other than the place appointed by the promisee: This is incorrect. Once the promisee designates a place, the promisor is bound to perform there. Performing elsewhere would be a breach of contract.