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…
Choose your answer
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?
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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