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CMA Foundation · Fundamentals of Business Laws and Business Communication · Performance of Contracts

Meera, a painter, agrees to paint a portrait for Kiran for Rs. 20,000 by 30 June. Meera dies on 10 June before starting. Which statement is correct in line with the illustration to Section 37?

The contract cannot be enforced by either Meera's representatives or Kiran. The promise to paint depends on Meera's personal skill, and the illustration to Section 37 says that on the painter's death before the day, neither side can enforce it.

  1. AMeera's representatives must get the portrait painted by another artist
  2. BKiran may sue Meera's representatives for the portrait
  3. CMeera's representatives may claim Rs. 20,000 from Kiran
  4. DThe contract cannot be enforced by Meera's representatives or by KiranCorrect

Explanation

Illustration (b) to Section 37 says that where A promises to paint a picture and dies before the day, the contract cannot be enforced by either A's representatives or the promisee. The work depends on personal skill. Option B is wrong because the representatives are not bound to perform such a personal promise.

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