A promises to pay B a sum of money. Nothing in the contract shows that the parties intended A to pay…
Illustration (a) to section 40: A may perform "by personally paying the money to B or by causing it to be paid to B by another", and if he dies first, his representatives…
Choose your answer
A promises to pay B a sum of money. Nothing in the contract shows that the parties intended A to pay personally. A dies before paying. What is the position under section 40?
Answer and explanation
Correct answer C
Illustration (a) to section 40: A may perform "by personally paying the money to B or by causing it to be paid to B by another", and if he dies first, his representatives must perform the promise or employ a proper person to do so. Paying money does not depend on A's personal skill, so the promise does not lapse with his death. Contrast illustration (b), where a promise to paint a picture must be performed by A personally.
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