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  • Read the passage carefully and answer the question The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his ag

Read the passage carefully and answer the question

The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his agents or legal representatives. It all depends upon the intention of the parties. Normally a contract can be performed by the following persons. 

  1. Promisor himself: If from the nature of the contract it appears that it was the intention of the parties that the promise should be performed by the promisor himself, such promise must be performed by the promisor. This usually applies to contracts involving personal skill, task, or artwork. 
  2. Promisor or his Agent: Where the contract does not involve the personal skill of the promisor, the contract could be performed by the promisor himself or by any competent person employed by him for the purpose, 
  3. Legal Representatives: The contracts which do not involve any personal skill or taste, may be performed by his legal representative after the death of the promisor.
  4. Third Person: In some cases, a contract may be performed by a third person provided the promisee accepts the arrangement. According to Section 41 of the Indian Contract Act, once the promisee accepts the performance from a third person, he cannot compel the promisor to perform the contract again. 
  5. Performance of Joint Promises: According to section 42 of the Indian Contract Act, when two or more persons have made a joint promise, the joint promisors must fulfill the promise jointly during their lifetime. And if any one of them dies, then his legal representatives and survivors must jointly fulfill the promise. 

Section 43 of the Indian Contract Act further provides that unless a contrary intention appears from the contract, each joint promisor may compel every other joint promisor to contribute equally to the performance of the promise. If any joint promisor makes a default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.

Question:

K promises to paint a picture for L on a certain day, at a certain price. K dies before the day of the contract. Decide. 

Option: 1

The contract can be enforced by K’s representative 


Option: 2

The contract can be enforced by L


Option: 3

The contract can be enforced either by K’s representation or by L 


Option: 4

The contract cannot be enforced either by K’s representative, or L


Answers (1)

best_answer

The contract cannot be enforced either by K’s representative or by L to paint a picture is a personal skill and may be performed only personally. As per Indian Contract Act, a personal contract may not be performed by anybody else other than the promisor himself.

Hence option (d) is correct.

 

Posted by

Divya Prakash Singh

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