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How does the death of a party affect performance of the contract?

Bar Exam Prep Contracts Excuse of Non-Performance How does the death of a party affect performance of the contract?
🤔 Contracts • Excuse of Non-Performance K#146

Legal Definition

Generally, duties can be delegated, so death does not discharge contractual duties. However, where the deceased party is contracted to perform special duties that they are necessary for or uniquely able to provide, the decedent's performance is excused by impossibility.

Plain English Explanation

When you die, your obligations don't necessarily die with you. Your estate takes over and deals with tying up loose ends. So when a party to a contract dies, their obligations can generally be demanded from whoever is in control of managing their estate (if it was a personal obligations), or someone else from the company (if it was an obligation owed by a business).

Visual Aids

How does the death of a party affect performance of the contract?
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