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A, B and C jointly promised to pay D a sum of Rs. 30,000/-. A is very ill, so D releases him from…

Under section 44 of the Indian Contract Act, 1872, D’s release of A does not discharge B or C from their joint promise to D. A also remains responsible for contribution to B…

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A, B and C jointly promised to pay D a sum of Rs. 30,000/-. A is very ill, so D releases him from making payment. Under Section 44 of the Indian Contract Act, 1872:

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Answer and explanation

Correct answer B

Under section 44 of the Indian Contract Act, 1872, D’s release of A does not discharge B or C from their joint promise to D. A also remains responsible for contribution to B and C. Under section 43, D can still require performance of the full promise from either of the unreleased promisors, subject to any agreement to the contrary.

Option feedback

Option A

Incorrect. Under Section 44 of the Indian Contract Act, 1872, a release of one joint promisor by the promisee does not discharge the other joint promisors.

Option B

Correct. Section 44 of the Indian Contract Act, 1872 expressly provides that where two or more persons have made a joint promise, a release of one of such joint promisors by the promisee does not discharge the other joint promisor or joint promisors.

Option C

Incorrect. Under Sections 43 and 44 of the Indian Contract Act, 1872, the liability of joint promisors is joint and several for the entire promised sum, so D is not restricted to claiming only two-thirds from B and C.

Option D

Incorrect. Section 44 expressly states that the release of one joint promisor by the promisee neither discharges the other joint promisors nor frees the joint promisor so released from responsibility to the other joint promisor or promisors.

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