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Under the Indian Contract Act, 1872, X and Y jointly promise to repay a loan with interest to Z,…

Section 44 states that releasing one joint promisor does not discharge another. Section 43 permits recovery of the whole from Y absent an express contrary agreement. The…

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Under the Indian Contract Act, 1872, X and Y jointly promise to repay a loan with interest to Z, without limiting either debtor’s liability to a share. After default, Z validly releases X and sues Y alone. What may Z recover from Y?

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Answer and explanation

Correct answer A

Section 44 states that releasing one joint promisor does not discharge another. Section 43 permits recovery of the whole from Y absent an express contrary agreement. The released promisor’s responsibility to other joint promisors is a separate matter.

Option feedback

Option A

Release of X does not discharge Y; the whole outstanding remains claimable from Y.

Option B

Section 44 expressly preserves the other promisor’s liability.

Option C

Y’s external liability is not automatically reduced to half.

Option D

The release is not invalid merely because Z granted it; section 44 states its effect.

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