X and Y jointly promise to repay a loan with interest to Z. The debt is due and unpaid. Assume X is…
Section 43 allows the promisee to compel any one joint promisor to perform the whole promise, absent an express agreement to the contrary. A joint promisor's right to…
Choose your answer
X and Y jointly promise to repay a loan with interest to Z. The debt is due and unpaid. Assume X is protected from recovery proceedings by an insolvency order, Y has no such protection, and there is no agreement limiting either borrower's liability to Z. Under section 43 of the Indian Contract Act, 1872, what can Z recover from Y?
Answer and explanation
Correct answer B
Section 43 allows the promisee to compel any one joint promisor to perform the whole promise, absent an express agreement to the contrary.
A joint promisor's right to contribution is separate from the creditor's claim.
X's procedural protection is a stated fact in the question.
Option feedback
Option A
The joint promise does not limit each debtor to half as against Z.
Option B
Z may compel Y to perform the whole promise in the absence of a contrary agreement.
Option C
X's assumed protection does not prevent Z from claiming against Y on the stated facts.
Option D
Section 43 does not split principal and interest in this way.
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