CLAT Exam  >  CLAT Questions  >  Principle: In case of the death of either of ... Start Learning for Free
Principle: In case of the death of either of the parties to the contract, wherever possible, the deceased representatives must give effect to the terms of the contract.
Facts: A and B enter into the contract for A to paint B’s picture. B dies. Are his representatives bound by the contract?
  • a)
    Yes, the representatives can have their picture painted, provided they pay A
  • b)
    Yes, B’s representatives can have B’s dead body painted
  • c)
    No, B is dead. The contract is no longer enforceable
  • d)
    No, The contract is no longer enforceable, but A must return the money
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
Principle: In case of the death of either of the parties to the contra...
According to Obligation of parties to 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.
Therefore, the representatives can have their picture painted, provided they pay A.
View all questions of this test
Most Upvoted Answer
Principle: In case of the death of either of the parties to the contra...
's house. After a few weeks, B passes away unexpectedly. B's heirs refuse to allow A to enter the property to complete the painting job, citing the death of their relative as a reason.

ANALYSIS: The principle states that the representatives of the deceased party must give effect to the terms of the contract wherever possible. In this case, B's heirs must allow A to complete the painting job if it is reasonable to do so.

CONCLUSION: If it is reasonable for A to complete the painting job, B's heirs must allow them to do so. However, if it is not feasible for A to complete the job, the contract may be terminated due to unforeseen circumstances.
Free Test
Community Answer
Principle: In case of the death of either of the parties to the contra...
Answer should be C.. As it is a contract of personal skills and it cannot be transferred to legal heirs.. Here in the question it is no where mentioned about the amount so we will not consider D as correct option.. I hope this answer will satisfy ur ques...
Attention CLAT Students!
To make sure you are not studying endlessly, EduRev has designed CLAT study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CLAT.
Explore Courses for CLAT exam

Similar CLAT Doubts

Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.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.Q.X makes a contract with Y to buy Ys dog if X survives Z. When is the contract enforceable?

Top Courses for CLAT

Principle: In case of the death of either of the parties to the contract, wherever possible, the deceased representatives must give effect to the terms of the contract.Facts: A and B enter into the contract for A to paint B’s picture. B dies. Are his representatives bound by the contract?a)Yes, the representatives can have their picture painted, provided they pay Ab)Yes, B’s representatives can have B’s dead body paintedc)No, B is dead. The contract is no longer enforceabled)No, The contract is no longer enforceable, but A must return the moneyCorrect answer is option 'A'. Can you explain this answer?
Question Description
Principle: In case of the death of either of the parties to the contract, wherever possible, the deceased representatives must give effect to the terms of the contract.Facts: A and B enter into the contract for A to paint B’s picture. B dies. Are his representatives bound by the contract?a)Yes, the representatives can have their picture painted, provided they pay Ab)Yes, B’s representatives can have B’s dead body paintedc)No, B is dead. The contract is no longer enforceabled)No, The contract is no longer enforceable, but A must return the moneyCorrect answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle: In case of the death of either of the parties to the contract, wherever possible, the deceased representatives must give effect to the terms of the contract.Facts: A and B enter into the contract for A to paint B’s picture. B dies. Are his representatives bound by the contract?a)Yes, the representatives can have their picture painted, provided they pay Ab)Yes, B’s representatives can have B’s dead body paintedc)No, B is dead. The contract is no longer enforceabled)No, The contract is no longer enforceable, but A must return the moneyCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: In case of the death of either of the parties to the contract, wherever possible, the deceased representatives must give effect to the terms of the contract.Facts: A and B enter into the contract for A to paint B’s picture. B dies. Are his representatives bound by the contract?a)Yes, the representatives can have their picture painted, provided they pay Ab)Yes, B’s representatives can have B’s dead body paintedc)No, B is dead. The contract is no longer enforceabled)No, The contract is no longer enforceable, but A must return the moneyCorrect answer is option 'A'. Can you explain this answer?.
Solutions for Principle: In case of the death of either of the parties to the contract, wherever possible, the deceased representatives must give effect to the terms of the contract.Facts: A and B enter into the contract for A to paint B’s picture. B dies. Are his representatives bound by the contract?a)Yes, the representatives can have their picture painted, provided they pay Ab)Yes, B’s representatives can have B’s dead body paintedc)No, B is dead. The contract is no longer enforceabled)No, The contract is no longer enforceable, but A must return the moneyCorrect answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Principle: In case of the death of either of the parties to the contract, wherever possible, the deceased representatives must give effect to the terms of the contract.Facts: A and B enter into the contract for A to paint B’s picture. B dies. Are his representatives bound by the contract?a)Yes, the representatives can have their picture painted, provided they pay Ab)Yes, B’s representatives can have B’s dead body paintedc)No, B is dead. The contract is no longer enforceabled)No, The contract is no longer enforceable, but A must return the moneyCorrect answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle: In case of the death of either of the parties to the contract, wherever possible, the deceased representatives must give effect to the terms of the contract.Facts: A and B enter into the contract for A to paint B’s picture. B dies. Are his representatives bound by the contract?a)Yes, the representatives can have their picture painted, provided they pay Ab)Yes, B’s representatives can have B’s dead body paintedc)No, B is dead. The contract is no longer enforceabled)No, The contract is no longer enforceable, but A must return the moneyCorrect answer is option 'A'. Can you explain this answer?, a detailed solution for Principle: In case of the death of either of the parties to the contract, wherever possible, the deceased representatives must give effect to the terms of the contract.Facts: A and B enter into the contract for A to paint B’s picture. B dies. Are his representatives bound by the contract?a)Yes, the representatives can have their picture painted, provided they pay Ab)Yes, B’s representatives can have B’s dead body paintedc)No, B is dead. The contract is no longer enforceabled)No, The contract is no longer enforceable, but A must return the moneyCorrect answer is option 'A'. Can you explain this answer? has been provided alongside types of Principle: In case of the death of either of the parties to the contract, wherever possible, the deceased representatives must give effect to the terms of the contract.Facts: A and B enter into the contract for A to paint B’s picture. B dies. Are his representatives bound by the contract?a)Yes, the representatives can have their picture painted, provided they pay Ab)Yes, B’s representatives can have B’s dead body paintedc)No, B is dead. The contract is no longer enforceabled)No, The contract is no longer enforceable, but A must return the moneyCorrect answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle: In case of the death of either of the parties to the contract, wherever possible, the deceased representatives must give effect to the terms of the contract.Facts: A and B enter into the contract for A to paint B’s picture. B dies. Are his representatives bound by the contract?a)Yes, the representatives can have their picture painted, provided they pay Ab)Yes, B’s representatives can have B’s dead body paintedc)No, B is dead. The contract is no longer enforceabled)No, The contract is no longer enforceable, but A must return the moneyCorrect answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev