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A agrees to paint a portrait for B by a fixed date, and the contract shows that A is to paint it personally. A dies before the date. What is the position?

Question and options

A agrees to paint a portrait for B by a fixed date, and the contract shows that A is to paint it personally. A dies before the date. What is the position?

  1. A's representatives must have it painted by another artist

  2. A's representatives must pay B damages for non-performance

  3. A's representatives are not bound, and B cannot enforce it

  4. B may enforce it once A's estate is settled

Answer and explanation

Correct answer: C - A's representatives are not bound, and B cannot enforce it

Section 37 of the Indian Contract Act, 1872 binds a promisor's representatives on his death unless a contrary intention appears, and its illustration on a promise to paint a picture says such a contract cannot be enforced by A's representatives or by B. Personal skill was the essence here, so the representatives need neither find another painter nor pay damages.

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