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Indian contract Act 1872

Corporate & Other Laws

As per section 37 of the Indian contract Act Promises bind the representative of the promisor in case of death of such promisor before performance If nothing is written about the representative of the promisor. Then who will perform the promise


Rohan Kumar

Rohan Kumar

CA Foundation

5

01-Mar-23 00:53

2K+

Answers (4)

The word 'representative' is nothing but legal heir of the promisor... It need not be written.


If a promisor dies before fulfilling promise, the legal heirs or representatives will be responsible for carrying out the promise, unless the contract specifies otherwise or the promise involves person skill or consideration. The nature of the contract determines who can perform the promise after the death of the promisor.


Sandeep Kumar

Sandeep Kumar

CA Inter

2K+

01-Mar-23 09:31

On death of the promisor, his legal representatives will be bound to perform the contract even if there is no specific mention about it in the contract. However, where a contract requires personal skill of the promisor the legal representatives are not bound to perform it. The legal representatives are liable only to the extent of the property inherited by them.


Ashlesha Atal

Ashlesha Atal

Faculty

03-Mar-23 09:22

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