Site navigation

A agrees to paint a picture personally for B on a specified day for an agreed price. A dies before that…

Section 37, illustration (b), of the Indian Contract Act, 1872 uses this painting example. The artist’s death prevents the personal performance contemplated by the contract,…

Choose your answer

A agrees to paint a picture personally for B on a specified day for an agreed price. A dies before that day. Can either side enforce the promised performance?

Select one answer
Answer and explanation

Correct answer D

Section 37, illustration (b), of the Indian Contract Act, 1872 uses this painting example. The artist’s death prevents the personal performance contemplated by the contract, and neither the customer nor the artist’s representatives can enforce it.

Option feedback

Option A

A's representatives cannot supply the personal performance promised by A.

Option B

B cannot compel a substitute to perform A's personal painting obligation.

Option C

A's death prevents the personal performance on which either side's claim to performance depends.

Option D

The promise depends on A's personal skill. Section 37's painting illustration excludes enforcement by either side.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic