Chapter- 11 Execution of Contract and Obligation Arising out of the Contract

Section 77 : Person to execute contract

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1) Except when the person concluding the contract is under the obligation to execute the contract, he/she may have it executed by his agent or a person appointed by him/her or any other person on his/her behalf.

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

2) Except when otherwise provided for in the contract, once a party accepts a work done by a third person, he/she may not later claim that the work has to be done by the party signing the contract.

3) In case two or more persons have jointly signed a contract with any other party, any of the persons jointly signing the contract shall fulfil or cause to do so for the fulfilment of the obligation under the contract, except when otherwise provided for in the contract.

4) In case any person has fulfilled his/her obligation under sub-section (3), the person so fulfilling the obligations may recover compensation or loss on a proportionate basis from the other persons jointly signing the contract.

5) In a contract signed in the manner mentioned in sub-section (3), in case any party gives concession to any person belonging to the other party from the obligations of his/her share, the other person shall not be free from the remaining obligation of the contract.

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Section 77 : Person to execute contract

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