Sarita contracts to deliver ordinary goods to Babita on a specified day for ₹20,000, then dies. No…
Promises bind representatives after death unless a contrary intention appears from the contract. For an ordinary goods-delivery promise, the representatives deliver and the…
Choose your answer
Sarita contracts to deliver ordinary goods to Babita on a specified day for ₹20,000, then dies. No contrary intention or personal-performance requirement appears from the contract. Under section 37 of the Indian Contract Act, what follows?
Answer and explanation
Correct answer A
Promises bind representatives after death unless a contrary intention appears from the contract. For an ordinary goods-delivery promise, the representatives deliver and the buyer pays them the agreed ₹20,000. Personal-skill promises may differ, but that is not this scenario. See section 37 and illustration (a) of the Indian Contract Act, 1872.
Option feedback
Option A
For the ordinary delivery promise, representatives perform and receive payment absent contrary contractual intention.
Option B
Death alone does not discharge an ordinary nonpersonal promise.
Option C
Delivery cannot be categorically excused while the reciprocal price is demanded on these facts.
Option D
Section 37 supplies the reciprocal performance rule.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Delhi Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision