Section 38
ActIn forceProvision 37 of 108
Section 38
(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.