Obligation of parties to contracts

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Obligation of parties to contracts

Unread postby Admin » Thu Mar 10, 2016 7:57 pm

Obligation of parties to contracts.
Under section 37 of the contract Act The parties to a contract must either perform, or offer to perform, their respective promises, unless such performance is dis­pensed with or excused under the provisions of this Act, or of any other law.

Promises bind the representatives of the promisors in case of the death of such promisors before performance, unless a contrary intention appears from the contract.

Illustrations

(a)A promises to deliver goods to B on a certain day on payment of Rs. 1,000. A dies before that day. A’s representatives are bound to deliver the goods to B, and B is bound to pay the Rs. 1,000 to A’s representatives.
(b)A promises to paint a picture for B by a certain day, at a certain price. A dies before the day. The contract cannot be enforced either by A’s representatives or by B.
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