Indian Contract Act Section 40 — Person by whom promise is to be performed

CHAPTER IV OF THE PERFORMANCE OF CONTRACTS — By whom contracts must be performed

Commercial / Corporate

Summary

If a contract shows that the parties intended a specific promise to be carried out personally by the person who made it, then that person alone must perform it. This applies when the nature of the agreement makes clear that the promisor's own involvement was expected.

In all other situations, the promisor or their legal representatives can hire a capable person to do the job instead. The promise can be fulfilled through someone else when personal performance was not intended.

Official Text

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