In a personal services contract, the death of the promisor generally affects the contract how?

• A. Yes, performance is automatically discharged due to death.
• B. No, because the contract can be performed by a substitute in some cases.
• C. Yes, if the family agrees.
• D. No, if a substitute can be found.

Answer: (A)

Personal services contracts hinge on the promisor’s unique abilities and reputation. The performance is considered personal and not readily transferable to someone else. When the promisor dies, that essential ability to provide the promised personal services is destroyed, so the obligation cannot be fulfilled in the way the contract contemplates. Because of that, the contract is discharged automatically by death; the other party cannot compel a substitute to complete the work unless there’s an express provision permitting substitution or assignment. In other words, death ends the contract because the personal nature of the service makes substitution insufficient to satisfy the agreement.