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CMA Foundation · Fundamentals of Business Laws and Business Communication · Essential Elements of a Contract, Offer and Acceptance

Kavita, a painter, promises to paint a portrait for Nikhil by 1 June at an agreed price and dies on 20 May before starting. Based on the Act's rule on obligation of parties, what is the position?

The contract cannot be enforced by either Kavita's representatives or Nikhil. Although promises usually bind a deceased promisor's representatives, a promise to paint a picture depends on personal skill, and the Act's illustration says such a contract is unenforceable after death.

  1. AKavita's legal representatives must complete the portrait
  2. BThe contract is enforceable by Nikhil against her estate for damages only
  3. CThe contract cannot be enforced by either her representatives or NikhilCorrect
  4. DThe contract is voidable at the option of Kavita's representatives

Explanation

Promises generally bind the representatives of a deceased promisor unless a contrary intention appears. The Act's illustration of a promise to paint a picture shows that a contract depending on personal skill cannot be enforced by either side after the promisor's death. Hence the representatives are not bound to paint, and Nikhil cannot enforce it, so the damages option is wrong.

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