Performance of Contract

• The parties to a contract must perform their respective promises , unless the performance is dispensed with or excused under this act m ir if any other law . ( Section 38   1)
• Promises bind the representatives of the promisor in case of the death of the promisor before performance , unless a contrary intention appears from the contract . ( Section 38 ) (2)
• Example 1: 
• 
  X Promises to deliver goods to Y on a certain day on payment of $1000 . X dies before that day . X's representatives are bound to deliver the goods to Y , and Y is bound to pay the $1000 to X's representatives . 

Example 2
X promises to paint a picture for Y by a Certain day , at a certain price . X dies before that day . The contract cannot be enforced either by X's representatives or by Y .