Discharge by Performance

• The usual method for the discharge of a contract . 
• Parties to a contract are bound by obligations to perform ( or offer to perform ) their respective promises , unless the performance is dispensed with or excused under the law . ( Refer to Performance of Contract in Lecture 4 ) . 
• Generally , performance must be strictly in accordance with the terms of the contract unless the parties have agreed otherwise . 

Performance of reciprocal promises

Section 52 of the Contracts Act 1950 provides that :
"When a contract consists of reciprocal promises to be simultaneously performed , no promisor need perform his promise unless the promisee is ready and willing to perform his reciprocal promise. "

Example :
X and Y contract that x shall deliver goods to Y to be paid for by Y on delivery .

Here , X need not deliver the goods unless Y is ready and willing to pay for the goods on delivery . Y need not pay for the goods unless X is ready and willing to deliver them on payment .