38. Obligation of parties to contracts

(1)

The parties to a contract must either perform, or offer to perform, their respective promises, unless the performance is dispensed with or excused under this Act, or of any other law.

(2)

Promises bind the representatives of the promisors in case of the death of the promisors before performance, unless a contrary intention appears from the contract.

(a)

A promises to deliver goods to B on a certain day on payment of

RM1,000. A dies before that day. A’s representatives are bound to deliver the goods to B, and B is bound to pay the RM1000 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.

Report

Read on from s 39

Part VI

Of Certain Relations Resembling Those Created by Contract

Read on from Part VI

Part VII

Of the Consequences of Breach of Contract

Read on from Part VII

Part VIII

Of Indemnity and Guarantee

Read on from Part VIII

Part IX

Of Bailment

Read on from Part IX

Part X

Read on from Part X