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A agrees to deliver goods to B on a specified day against payment of ₹1,000. A dies before that day.…

Under section 37, promises bind a promisor’s representatives after death unless a contrary intention appears from the contract. Section 37 illustration (a) applies that rule…

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A agrees to deliver goods to B on a specified day against payment of ₹1,000. A dies before that day. The contract does not require A to deliver the goods personally. Who must perform?

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Answer and explanation

Correct answer D

Under section 37, promises bind a promisor’s representatives after death unless a contrary intention appears from the contract.

Section 37 illustration (a) applies that rule to a delivery of goods against payment of ₹1,000. Section 40 addresses promises requiring personal performance.

Option feedback

Option A

Death does not end the ordinary delivery and payment duties under section 37.

Option B

A’s representatives must also perform the delivery obligation.

Option C

B must also perform the payment obligation in exchange for delivery.

Option D

Section 37 illustration (a) gives this precise allocation of duties.

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