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CPT Section B Mercantile Law Unit 4 
CA Nikshit HV Shah 
 
Page 2


CPT Section B Mercantile Law Unit 4 
CA Nikshit HV Shah 
 
Obligations under a contract must be carried out by the 
parties.  
Various modes of performance.  
Consequence of refusal of performance or refusal to 
accept performance, by either of the parties.  
Rights of joint promisees, liabilities of joint promisors, 
and rules regarding appropriation of payments. 
Page 3


CPT Section B Mercantile Law Unit 4 
CA Nikshit HV Shah 
 
Obligations under a contract must be carried out by the 
parties.  
Various modes of performance.  
Consequence of refusal of performance or refusal to 
accept performance, by either of the parties.  
Rights of joint promisees, liabilities of joint promisors, 
and rules regarding appropriation of payments. 
What is performance/discharge 
Who should perform  
What should be mode of performance 
When (timelines) should it be performed 
Rights and duties of parties involved 
Consequences of non-performance 
Page 4


CPT Section B Mercantile Law Unit 4 
CA Nikshit HV Shah 
 
Obligations under a contract must be carried out by the 
parties.  
Various modes of performance.  
Consequence of refusal of performance or refusal to 
accept performance, by either of the parties.  
Rights of joint promisees, liabilities of joint promisors, 
and rules regarding appropriation of payments. 
What is performance/discharge 
Who should perform  
What should be mode of performance 
When (timelines) should it be performed 
Rights and duties of parties involved 
Consequences of non-performance 
Modes of 
discharge 
Performance 
Mutual 
Agreement 
Operation 
of law 
Impossibility of 
performance 
Breach and Lapse of 
time 
Page 5


CPT Section B Mercantile Law Unit 4 
CA Nikshit HV Shah 
 
Obligations under a contract must be carried out by the 
parties.  
Various modes of performance.  
Consequence of refusal of performance or refusal to 
accept performance, by either of the parties.  
Rights of joint promisees, liabilities of joint promisors, 
and rules regarding appropriation of payments. 
What is performance/discharge 
Who should perform  
What should be mode of performance 
When (timelines) should it be performed 
Rights and duties of parties involved 
Consequences of non-performance 
Modes of 
discharge 
Performance 
Mutual 
Agreement 
Operation 
of law 
Impossibility of 
performance 
Breach and Lapse of 
time 
By mutual agreement: If the parties to a 
contract agree to substitute a new contract 
for it, or to refund or remit or alter it, the 
original contract need not be performed.  
The principles of Novation, Rescission, 
Alteration and Remission.  
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FAQs on PPT - Performance of Contract - Business Laws for CA Foundation

1. What is the concept of performance of contract under CA Foundation?
Ans. Performance of contract refers to the fulfillment of the obligations and promises made by the parties involved in a contract. It involves the completion of the agreed-upon tasks, delivery of goods or services, and payment of the agreed-upon consideration.
2. What are the consequences of non-performance of a contract?
Ans. Non-performance of a contract can lead to various consequences. The innocent party may have the right to claim damages for the loss suffered due to the non-performance. They may also have the option to terminate the contract or seek specific performance, where the defaulting party is compelled to fulfill their obligations.
3. Can a contract be discharged by performance?
Ans. Yes, a contract can be discharged by performance. If both parties fulfill their obligations as per the terms of the contract, it is considered as discharged by performance. Once a contract is discharged by performance, the parties are relieved from any further obligations.
4. What are the different modes of performance of a contract?
Ans. The different modes of performance of a contract include actual performance, attempted performance, and performance by a third party. Actual performance refers to the complete fulfillment of the contractual obligations. Attempted performance occurs when one party makes a genuine effort to perform but fails to fully meet the obligations. Performance by a third party refers to a situation where someone other than the original parties performs the obligations of the contract.
5. What remedies are available in case of defective performance of a contract?
Ans. In case of defective performance of a contract, the innocent party may have the right to claim damages for any loss suffered due to the defect. They may also have the option to seek specific performance or ask for the contract to be rescinded. The specific remedies available will depend on the nature of the defect and the terms of the contract.
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