Question

LEGAL PRINCIPLE The contract after the death of one party can be continued if it is ratified by the surviving party.

FACTUAL SITUATION Vishal, a famous artist was requested by Arun, an industrialist to draw the portrait of his deceased wife and paid ₹ 20,000/- in advance and agreed to pay when the work was completed, a sum of ₹2 lakhs·. When the portrait was half drawn, Vishal died due to a heart attack. His son also a fine artist completed his father's work and. demanded the money from Arun. Aron refused to pay and to accept the portrait drawn by Vishal's son and also demanded the advance to be returned. 

Options

• Arun cannot demand the advance amount from the son of Vishal, because in normal cases the son is not responsible for the father's contractual obligation

• Son of Vishal cannot demand the rest of the amount from Arun because Arun has not assigned him the work

• Arun can demand the rest of the amount

• Both (a) and (b)

Answer 1

Both (a) and (b)

According to the given legal principle, the contract after the death of one party can be continued if it is ratified by the surviving party. In the given situation there is no mention of ratification and therefore option Arun cannot demand the advance amount from the son of Vishal, because in normal cases the son is not responsible for the father’s contractual obligation & Son of Vishal cannot demand the rest of amount from  Arun because Arun has not assigned him the work is correct.