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

Section 43 permits compelling one or more joint promisors to perform the whole promise, absent an express contrary agreement. Contribution between debtors is separate. X’s…

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Under the Indian Contract Act, 1872, X and Y jointly promise to repay Z a loan with interest within two years, without an agreement limiting either debtor’s external liability. Assume X is insolvent and legally protected from recovery proceedings, while Y is not. The debt falls due and remains unpaid. What may Z claim against Y?

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Answer and explanation

Correct answer B

Section 43 permits compelling one or more joint promisors to perform the whole promise, absent an express contrary agreement. Contribution between debtors is separate. X’s assumed procedural protection does not reduce Y’s contractual liability to half.

See section 43 and its illustrations in the Indian Contract Act, 1872.

Option feedback

Option A

External liability is not automatically halved because two debtors jointly promised.

Option B

Section 43 permits recovery of the whole from one joint promisor absent a contrary agreement.

Option C

X’s assumed protection does not automatically extend to Y.

Option D

The statute does not halve principal while allocating all interest to Y.

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