Multiple choice

Which of the following persons can perform the contract?

  1. Promisor alone

  2. Legal representatives of promisor

  3. Agent of the promisor

  4. All of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Under Section 40 of the Indian Contract Act, 1872, if a contract involves personal consideration/ skill, it cannot be performed by anyone except the promisor. However, if it doesn't involve personal skill, it can be performed by: the promisor's legal representative (if they die), or the promisor's agent. Option D - 'All of these' - is correct because the promisor themselves can always perform, AND in appropriate cases, their agent or legal representative can also perform. The question tests understanding that multiple parties may have performance capacity depending on contract nature.

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