Indian Contract Act Section 37 — Obligation of parties to contracts

CHAPTER IV OF THE PERFORMANCE OF CONTRACTS — Contracts which must be performed

Commercial / Corporate

Summary

The parties to a contract must either carry out their promises or offer to carry them out, unless the duty to perform is waived or excused under this Act or under any other law. This means that simply being ready and willing to perform can sometimes satisfy the obligation, but the performance itself is still required unless a valid reason for not doing so exists.

If a person who made a promise dies before performing it, the promise still binds their legal representatives, such as their heirs or executors. This continues to apply unless the contract itself shows a clear intention that the obligation should end with the promisor's death.

Official Text

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