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A, B and C jointly promise to pay 'D' a sum of Rs. 3,000. A & B are untraceable. Is 'C' liable to pay?

Joint promisors are jointly and severally liable under s.43, so with A and B untraceable the promisee D may compel C to pay the whole Rs.3,000, leaving C to seek…

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A, B and C jointly promise to pay 'D' a sum of Rs. 3,000. A & B are untraceable. Is 'C' liable to pay?

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Correct answer A

Joint promisors are jointly and severally liable under s.43, so with A and B untraceable the promisee D may compel C to pay the whole Rs.3,000, leaving C to seek contribution: "'C' liable to pay 'D' in full".

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