38. Obligation of parties to contracts

(1)

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.

(2)

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 $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 $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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Part

Certain Relations Resembling Those Created by Contract

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Part

Consequences of Breach of Contract

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Part

Indemnity and Guarantee

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Part

Bailment

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Part 10

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Part

Partnership

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