Section 529: Party who must perform contract

Estimated reading: 2 minutes 3 views

1) Except in cases where a contract specifies that it must be performed by its party only, the contract may be performed by his or her agent or by a person appointed by him or her or by any other person on his or her behalf, or the rights and obligations under the contract may be transferred.

Provided that no party to a contract may transfer its obligations under the contract to another person without the consent of the other party.

2) The following terms and conditions shall be fulfilled in order to transfer rights and obligations under a contract pursuant to sub-section (1):

(a) Unless the contract otherwise provides for, the transfer shall be in written form,

(b) The transfer shall be unconditional,

(c) The transfer of rights or obligations is not prohibited by law or the contract,

(d) In the case of the transfer of rights and obligations, a notice along with its time limit shall be given to the other party.

3) Once any party to a contract accepts any act done by a third person, that party shall not be entitled to claim subsequently that the act must be done by the party to the contract himself or herself, except as otherwise provided for in the contract.

4) If two or more persons jointly enter into a contract with another party, any or all of such joint promisors shall fulfill, or cause to be fulfilled, the obligations under the contract, except as otherwise provided for in the contract.

5) The joint promisor who fulfills the obligation shall be entitled to recover damages or loss on a pro rata basis from the other joint promisors, in consideration for the default of any other joint promisor in the fulfillment of the obligation under sub-section (4).

6) Even if one party releases one joint promisor of the other party to the contract concluded pursuant to sub-section (4) from the obligation on his or her part, such release shall not discharge the other joint promisors from the obligation under that contract.

Share this Law

Section 529: Party who must perform contract

Or copy link

Discover Nepal's laws effortlessly. Our user-friendly platform simplifies legal understanding and accessibility, serving individuals throughout the country.
Antimanual

Ask our AI support assistant your questions about our platform, features, and services.

You are offline
Chatbot Avatar
What can I help you with?

Federal Election 2082 Portal – NepalLaws

Access a curated collection of legal resources, election countdowns, and simplified explainers for the upcoming House of Representatives elections.