Vidhara

The Indian Contract Act, 1872

§40Person 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.

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Official text: India Code (official)

Official India Code text: The Indian Contract Act, 1872 (9 of 1872), English PDF (bitstream 123456789/2187/2/A187209.pdf, 568,075 bytes) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-07-16. Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser. Automated parse; footnotes/amendment history excluded; illustrations restored via illustration-aware re-extraction on 2026-07-19; spot-verified; full clause-level proofread pending. Sections 2-3 repaired 2026-07-25 by re-extraction from the same source PDF (568,075 bytes, sha256 d756d45a…): a page-10 footnote block had been absorbed into s.2, splitting definitions (b)-(j) into s.3 and leaving s.3's own provision missing (D-027).

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