Unit 6: Performance of Contract and Assignment of Contract — Concept of Performance; Types of Performance: Actual and Attempted; Requisites of Valid Tender; Provisions of Nepalese Contract Law; Meaning of Assignment of Contract; Rules Regarding Assignment of Rights, Liabilities and Exceptions; Assignment by Operation of Law; Provisions under Nepalese Contract Law
1. Concept of Performance
Performance = the contract’s life-cycle fulfilled — the promise’s actual doing (or abstention): the solutio that discharges the obligation (Unit 7’s discharge-by-performance). The performance’s rules: who may perform (the promisor, his agent, the recognized third party — the performance-by-a-stranger’s acceptance question); what must be performed (the promise’s exact content — the Code’s good-faith standard: performance honest, cooperative, informed); when-and-where (the time-and-place terms; the time’s essence doctrine — the stipulations making delay = breach); to whom (the promisee, his recognized assignee, the authorized receiver). The prescribed authority: Pawan Raj Bhandari v. Ram Shrestha (NKP 2078, Vol. 8, D.No. 10724 — the performance-of-contract ruling as the syllabus annotates): the Court’s treatment of what performance requires — read with the Code’s performance provisions.
2. Types of Performance: Actual and Attempted
- Actual performance: the obligation exactly performed at the time-place-and-manner — the discharge’s perfect form (Unit 7);
- Attempted performance (tender): the offer of performance refused-or-not-received — the promisor ready-and-willing, the promisee’s default: the tender’s legal effect (the obligation’s discharge-if-the-tender-valid — the refusal’s risk-shift: the debtor freed from the interest-and-risk of the refused thing);
- The subdivision’s practical map: complete performance (the discharge); partial performance (the substantial-performance doctrine — the breach-or-division question: the divisible-and-indivisible contracts); defective performance (the breach-or-damages question — the non-conforming tender’s rejection rights).
3. Requisites of Valid Tender
The attempted-performance’s validity conditions (the exam’s list):
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