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Question

A contract should be performed by ________________.

A
The promisor
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B
The promisor's agent
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C
Promisor's legal representatives
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D
Any of the above
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Solution

The correct option is C Any of the above
Generally, a contract is performed by the promisor or his agent or his legal representative but as per section 40 of the act, 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 representatives may employ a competent person to perform it.

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