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A, B and C jointly promise to pay P ₹300. There is no express agreement limiting any promisor’s…

In the absence of an express agreement to the contrary, section 43 permits the promisee to compel any one or more joint promisors to perform the whole promise. A promisor…

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A, B and C jointly promise to pay P ₹300. There is no express agreement limiting any promisor’s liability. Under section 43 of the Indian Contract Act, 1872, which statement is correct?

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Answer and explanation

Correct answer C

In the absence of an express agreement to the contrary, section 43 permits the promisee to compel any one or more joint promisors to perform the whole promise. A promisor who pays may seek contribution from the others; that internal adjustment does not restrict P to ₹100 from each.

Option feedback

Option A

The promisee’s right to the whole is distinct from contribution between promisors.

Option B

The statute does not cap A’s liability to P at one-third.

Option C

Section 43 permits the whole promise to be enforced against any one or more joint promisors.

Option D

Equal contribution between promisors does not require P to split recovery.

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