15 Questions
What happens to the performance of a promise if the promisor dies before it?
The promise is transferred to the promisor's representatives
What is the consequence of a promisee not accepting an offer of performance from the promisor?
The promisor is not responsible for non-performance and retains their rights under the contract
Who is bound to deliver goods in a contract if the promisor dies before delivery?
The promisor's representatives
What happens to a contract if the promisor dies before the due date of performance?
The contract cannot be enforced by either party
What is the condition for a promise to be binding on the representatives of the promisor?
A contrary intention must not appear from the contract
What are the conditions that an offer must fulfill?
It must be made at a proper time and place, and under such circumstances that the person to whom it is made may have a reasonable opportunity of ascertaining that the person by whom it is made is able and willing there and then to do the whole of what he is bound by his promise to do
What is the effect of refusal of a party to perform a promise?
The promisee may put an end to the contract
What happens when a party disables themselves from performing their promise?
The promisee may put an end to the contract
What is the significance of the illustration about A and B in relation to contract refusal?
It shows that B can end the contract if A refuses to perform
What is the effect of a party's acquiescence in a contract?
The party who acquiesced cannot end the contract
Who must perform a promise if it was the intention of the parties that it be performed by the promisor?
The promisor themselves
What happens when a promisor dies before performing their promise?
The promisor's representatives must perform the promise
What is the significance of the illustration about A and B in relation to contract performance?
It shows that A can perform their promise through a representative
When can a promise be performed by a competent person?
When it was not the intention of the parties that the promise be performed by the promisor
What is the result if an offer is made to one of several joint promisees?
The offer is valid for all joint promisees
Study Notes
Promises and Performance
- 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.
- If a promisor dies before performance, their representatives are bound to perform the promise, and the promisee is bound to fulfill their part of the contract.
Refusal to Accept Offer of Performance
- Where a promisor has made an offer of performance to the promisee, and the offer has not been accepted, the promisor is not responsible for non-performance.
- The offer must be unconditional, made at a proper time and place, and under such circumstances that the person to whom it is made may have a reasonable opportunity of ascertaining that the person by whom it is made is able and willing to perform the whole of what they are bound to do.
- If the offer is an offer to deliver anything to the promisee, the promisee must have a reasonable opportunity of seeing that the thing offered is the thing which the promisor is bound to deliver.
Effect of Refusal of Party to Perform Promise
- When a party to a contract has refused to perform, or disabled themselves from performing their promise in its entirety, the promisee may put an end to the contract, unless they have signified, by words or conduct, their acquiescence in its continuance.
- If the promisee signifies acquiescence, they cannot put an end to the contract, but are entitled to compensation for the damage sustained by them through the other party's failure to perform.
By Whom Contracts must be Performed
- If it appears from the nature of the case that it was the intention of the parties to any contract that any promise contained in it should be performed by the promisor themselves, such promise must be performed by the promisor.
- In other cases, the promisor or their representatives may employ a competent person to perform it.
- If the promisor dies before the time appointed for performance, their representatives must perform the promise, or employ some proper person to do so.
This quiz covers the contractual obligations of promisors and their representatives, including performance and payment after the death of a promisor.
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