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'A', 'B' and 'C' jointly promise to pay Rs. 300 to 'P'. 'P' files a suit to recover the amount. Which…

Section 43 permits the promisee, absent an express contrary agreement, to compel any one or more joint promisors to perform the whole promise. P can therefore recover the…

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'A', 'B' and 'C' jointly promise to pay Rs. 300 to 'P'. 'P' files a suit to recover the amount. Which one of the following is correct?

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Answer and explanation

Correct answer C

Section 43 permits the promisee, absent an express contrary agreement, to compel any one or more joint promisors to perform the whole promise. P can therefore recover the full Rs 300 from one promisor. Contribution between A, B and C concerns their internal liabilities and does not restrict P to Rs 100 from each or require all to be defendants.

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