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Promise for CLAT - Practice Questions & MCQ

Edited By admin | Updated on Oct 03, 2023 03:26 PM | #CLAT

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The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his agents or legal representatives. It all depends upon the intention of the parties. Normally a contract can be performed by the following persons.

Promisor himself: If from the nature of the contract it appears that it was the intention of the parties that the promise should be performed by the promisor himself, such promise must be performed by the promisor. This usually applies to contracts involving personal skill, task, or artwork.
Promisor or his Agent: Where the contract does not involve the personal skill of the promisor, the contract could be performed by the promisor himself or by any competent person employed by him for the purpose,
Legal Representatives: The contracts which do not involve any personal skill or taste, may be performed by his legal representative after the death of the promisor.
Third Person: In some cases, a contract may be performed by a third person provided the promisee accepts the arrangement. According to Section 41 of the Indian Contract Act, once the promisee accepts the performance from a third person, he cannot compel the promisor to perform the contract again.
Performance of Joint Promises: According to section 42 of the Indian Contract Act, when two or more persons have made a joint promise, the joint promisors must fulfill the promise jointly during their lifetime. And if any one of them dies, then his legal representatives and survivors must jointly fulfill the promise.

Section 43 of the Indian Contract Act further provides that unless a contrary intention appears from the contract, each joint promisor may compel every other joint promisor to contribute equally to the performance of the promise. If any joint promisor makes a default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.

Question:

A, B, and C jointly take a loan from D amounting to Rs. 30,000. C is compelled to pay the whole of the amount, A is insolvent but his assets are sufficient to pay one-half of his debts. Now, how much amount is C entitled to recover from A and B. Decide.

C is entitled to receive Rs. 5000 from A's estate and 12,500 from B.

C is entitled to receive Rs. 10,000 from A's estate and A by any means and Rs. 10,000 from B

C is entitled to receive Rs. 20000 from A's estate only

C is entitled to receive Rs. 20000 from B only as A is insolvent

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Concepts Covered - 1

Promise

In the realm of contract law, a "Promise" is a fundamental building block. It forms the very core of a contract. Understanding promises in contracts is crucial.

Promise in Contract Law:

Definition: A promise is a commitment or assurance made by one party to do or not do something in the future. Promises are at the heart of contractual agreements. They are the statements or undertakings that create legal obligations between parties.
Example: A promises to sell a car to B for ₹50,000 on a specified date. A's promise to sell and B's promise to buy constitute the core of the contract.

Types of Promises:

Unilateral Promise: In this type of promise, one party makes a commitment without requiring anything in return. It becomes a contract when the other party accepts the offer by performing the required action.
Example: A promises to pay B ₹1,000 if B mows A's lawn. B accepts the promise by mowing A's lawn. This creates a contract based on A's unilateral promise.
Bilateral Promise: In a bilateral promise, both parties make commitments to each other. They promise to perform certain actions or provide something of value to each other.
Example: A promises to deliver a computer to B, and B promises to pay ₹40,000 upon delivery. Both parties are making mutual promises, forming a bilateral contract.

English Case Law Example - Carlill v. Carbolic Smoke Ball Company:

Landmark Contract Law Case: The case of Carlill v. Carbolic Smoke Ball Company is a significant case in contract law.
Product and Advertisement: The Carbolic Smoke Ball Company advertised a product, the "smoke ball," as a flu preventer.
Reward Offer: They published newspaper advertisements offering a £100 reward to anyone who used the smoke ball as directed but still got the flu.
Unilateral Contract: The case exemplifies a unilateral contract, where one party (the company) makes a promise in exchange for the other party's (users') performance of a specific act.
Specific Instructions: The advertisement included clear instructions for using the smoke ball.
Mrs. Carlill's Case: Mrs. Carlill purchased and used the smoke ball as instructed but still contracted influenza.
Court Decision: The court ruled in favor of Mrs. Carlill, finding that the advertisement constituted a valid contract, and she was entitled to the £100 reward.

Legal Significance: The case established the concept of unilateral contracts, emphasized the importance of clear and specific terms in advertisements, and highlighted the intention to create legal relations in contract law.