Obligation of parties to contracts
Chapter 5: Of the performance of contracts
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.
The Indian Contract Act, 1872 (Act No. 9 of 1872). From the updated text on India Code, with later amendments. Being checked against the official copy; amendment notes are not shown yet.