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Section 37 - Obligation of parties to contracts : Indian Contract Act 1872

What is the Obligation of parties to contracts? Section 37 of Indian Contract Act 1872


 

Section 37 of Indian Contract Act 1872 : "Obligation of parties to contracts"

37. 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 promisers in case of the death of such promisers 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 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.

 

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