X promises to deliver a horse to Y on a certain day on payment of ₹ 1,000. X dies before that day. Y asks Z, who is the son of X and also his legal representative to deliver the horse but Z refuses to do so. What is the
CS Executive · Economic, Business and Commercial Laws · PYQS · December 2024
X promises to deliver a horse to Y on a certain day on payment of ₹ 1,000. X dies before that day. Y asks Z, who is the son of X and also his legal representative to deliver the horse but Z refuses to do so. What is the remedy available to Y under the provisions of Indian Contract Act, 1872?
Answer & Explanation:
Section 37 of the Contract Act provides that 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 provision of the Indian Contract Act, or any other law. In case of death of the promisor before performance, the representatives of the promisor are bound to perform the promise unless a contrary intention appears from the contract. In the given problem, X promises to deliver a horse to Y on a certain day on payment of ₹ 1,000. X dies before that day. X's representatives are bound to deliver the horse to Y and Y is bound is pay ₹ 1,000 to X's representatives. Thus, Z must deliver the horse to Y.
Topics: Commercial Laws
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