Section 40 Indian Contract Act 1872
Section 40 of the Indian Contract Act 1872 is about Person by whom promise is to be performed. It is under “By whom contracts must be performed” of CHAPTER IV of the Act. CHAPTER IV is titled OF THE PERFORMANCE OF CONTRACTS.
Person by whom promise is to be performed
If it appears from the nature of the case that it was the intention of the parties to any contract that any promise contained in it should be performed by the promisor himself, such promise must be performed by the promisor. In other cases, the promisor or his representatives may employ a competent person to perform it.
Illustrations
(a) A promises to pay B a sum of money. A may perform this promise, either by personally paying the money to B or by causing it to be paid to B by another ; and, if A dies before the time appointed for payment, his representatives must perform the promise, or employ some proper person to do so.
(b) A promises to paint a picture for B. A must perform this promise personally.
See also:
Section 39 Indian Contract Act 1872 (Effect of refusal of party to perform promise wholly)
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