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A promise to paint a picture for B by a certain day at a certain price. A dies before the day
  • a)
    The contractor cannot be enforced by A’s representative only
  • b)
    The contractor cannot be enforced either by B’s representatives only
  • c)
    The contractor can be enforced by A’s representative and not by B
  • d)
    Both A and B
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
A promise to paint a picture for B by a certain day at a certain price...
Explanation:
When A promises to paint a picture for B by a certain day at a certain price, it creates a contract between A and B. However, if A dies before the day promised for the completion of the painting, the contract becomes voidable.

Enforceability of the contract:
In this scenario, the enforceability of the contract depends on who is trying to enforce it. Let us consider the options given in the question:

a) The contractor cannot be enforced by A's representative only:
If A's representative is trying to enforce the contract, it cannot be done because A is no longer alive. A's representative can only enforce the contract if A had authorized them to do so before their death.

b) The contractor cannot be enforced either by B's representatives only:
If B's representative is trying to enforce the contract, it cannot be done because the contract is voidable due to A's death.

c) The contractor can be enforced by A's representative and not by B:
If A's representative is trying to enforce the contract, they can do so only if A had authorized them to do so before their death. However, B cannot enforce the contract because it is voidable due to A's death.

d) Both A and B:
The correct answer is option 'D' because if both A and B had authorized their representatives to enforce the contract, then it can be enforced by either of them. However, if A had not authorized their representative before their death, then the contract cannot be enforced by them.

In conclusion, the enforceability of the contract in this scenario depends on who is trying to enforce it and whether they have been authorized to do so by the deceased party.
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Direction: Read the following passage carefully and answer the questions given below:In contracts of insurance, indemnity or guarantee one thing in common is that they create an obligation on the promisor if an event which is collateral to the contract does or does not happen. The insurer is not called into action until the event of the death of the insured happens. This is a contingent contract.Under Section 31 of the Indian Contract Act, 1872, contingent contracts are defined as a contract in which two or more parties enter into a contract to do or not do something, if an event which is collateral to the contract does or does not happen, then it is a contingent contract.The condition for which the contract has been entered into must be a future event, and it should be uncertain. If the performance of the contract is dependent on an event, which is although a future event, but certain and sure to happen, then itll not be considered as a contingent contract.The contingent contracts to do or abstain from doing something if an uncertain future event happens. However, the contract cannot be enforced by law unless the event takes place. If the event becomes impossible, such contracts become void.If a contract contingent upon how a person will act at a future time, the event shall be considered impossible when such person does anything which makes it impossible for the event to happen. Such an agreement is valid.Contingent contracts to do or not to do anything if a future uncertain event happens within a fixed time. Such a contract is void if the event does not happen and the time lapses. It is also void if before the time fixed, the happening of the event becomes impossible. Contingent contract to do or not to do anything if an uncertain event does not happen within a fixed time may be enforced by law when the fixed time has expired, and such event has not happened, or before the time fixed has expired, if it becomes certain that such event will not happen.[Extracted with edits and revision from Contingent Contracts under Indian Contract Act, blog by ipleaders]Q.If the ship named Titanic, which embarks on a perilous mission, fails to return, X has pledged to pay Y Rs. 50,000. In the event that the ship sinks on its return journey, is Y entitled to enforce this agreement?

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A promise to paint a picture for B by a certain day at a certain price. A dies before the daya)The contractor cannot be enforced by A’s representative onlyb)The contractor cannot be enforced either by B’s representatives onlyc)The contractor can be enforced by A’s representative and not by Bd)Both A and BCorrect answer is option 'D'. Can you explain this answer?
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