A, B and C jointly promise to pay D the sum of 3,000 rupees. C is compelled to pay the whole. A is…
Illustration (b) to section 43. Joint promisors contribute equally, 1,000 rupees each, and if one defaults in contribution, "the remaining joint promisors must bear the loss…
Choose your answer
A, B and C jointly promise to pay D the sum of 3,000 rupees. C is compelled to pay the whole. A is insolvent, but his assets are sufficient to pay one-half of his debts. What can C recover?
Answer and explanation
Correct answer B
Illustration (b) to section 43. Joint promisors contribute equally, 1,000 rupees each, and if one defaults in contribution, "the remaining joint promisors must bear the loss arising from such default in equal shares". A's estate pays half of his share (500 rupees); the unpaid 500 is borne equally by B and C, so B must contribute 1,250 rupees in all.
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