Section 40. Person by whom promises is to be performed –

Category of Bare Act Name of the Act Year of Promulgation
Civil Laws Indian Contract Act, 1872 1872
Act Number Enactment Date Chapter Number
9 1872-04-25 4
Chapter Title Ministry Department
Of the performance of contracts which must be performed Ministry of Law and Justice, Legislative Department Department of Law and Legislative Affairs

If it appears from the nature of the case that it was the intention of the parties to any contract that any promise contain in it should be performed by the promisor himself, such promise must be performed by the promisor.

In other cases, the promisor or his representative 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.