436. Contracts for personal services.

Where the bankrupt's personal skill and labour are the basis of a contract, the right of action for breach of the contract passes to the trustee:

  1.  

    (1)     where the breach has occurred before the bankruptcy, and money is recoverable by the bankrupt as damages for the breach; or

  2.  

    (2)     where the bankrupt has completed the contract during the bankruptcy and money on the contract has become due1, and the trustee has claimed the money on behalf of the bankrupt's estate2, or has obtained an income payments order in respect of it, or which includes it