Malaysia legislation
Section 38
Section 38
(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.
Effect of refusal to accept offer of performance