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Section 37: Obligation of parties to contracts.

The Indian Contract Act, 1872Central Act · Act 9 of 1872

The parties to a contract must either perform, or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of this Act, or of any other law.

Promises bind the representatives of the promisors in case of the death of such promisors before performance, unless a contrary intention appears from the contract.

Illustrations

(a) A promises to deliver goods to B on a certain day on payment of Rs. 1,000. A dies before that day. A's representatives are bound to deliver the goods to B, and B is bound to pay the Rs. 1,000 to A's representatives.

(b) A promises to paint a picture for B by a certain day, at a certain price. A dies before the day. The contract cannot be enforced either by A's representatives or by B.

Where this provision sits

ActThe Indian Contract Act, 1872
Section37
Marginal noteObligation of parties to contracts.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it2

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