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Performance or Delivery

Last but not least comes delivery & performance of the contract's content.

As far as performance and delivery are concerned it is generally expected that a party commited to the contract must accurately perform what one committed to do by contract. To ensure the contract's content is enforceable, the actions that are provided by contract must be completed to the full. For example if one is bound by contract to purchase something for €1000, he/she will only be able to require the delivery of what he/she bought, as soon as the full payment is made. Given the contract provides  the delivery to be issued before payment, the purchaser will not be in position to enforce the contract if himself/herself does not perform by paying the whole amount agreed.

As stated above it is important that both parties commited to the contract must provide mutual  consideration. Thus each party must promise to do or give something to the other in order for the contract to be enforceable.

In the situation where a breach of contract occurs the party claiming it's rights is bound to plead that  he/she performed all of the duties assigned to his/her party by the contract.

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