<P> (a) the contract expressly provides that he may, or </P> <P> (b) the contract purports to confer a benefit on him . </P> <P> Performance varies according to the particular circumstances . While a contract is being performed, it is called an executory contract, and when it is completed it is an executed contract . In some cases there may be substantial performance but not complete performance, which allows the performing party to be partially compensated . </P> <P> Vitiating factors constituting defences to purported contract formation include: </P>

Which of these is also called a contract for deed