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

Meera Devi, a painter, promises to paint a portrait for Anil by a fixed date at an agreed price. She dies before that date. According to the illustration to Section 37, what is the position?

The contract cannot be enforced by either Meera's representatives or Anil. Because the promise depends on her personal skill, it does not bind her representatives under Section 37, and the illustration on painting a picture says neither side can enforce the contract.

  1. AHer legal representatives must get the portrait painted by another artist
  2. BAnil can compel her representatives to pay damages from her estate for non-delivery
  3. CThe contract cannot be enforced either by Meera's representatives or by AnilCorrect
  4. DAnil is bound to pay the price to her representatives on the due date

Explanation

The Section 37 illustration on a promise to paint a picture shows that where the work depends on the personal skill of the promisor, death makes the contract unenforceable by either side. This is the contrary intention implied by the nature of the contract. Hence neither the representatives nor Anil can enforce it.

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