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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…

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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?

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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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