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X, Y, Z jointly promise to pay A an amount of Rs. 50,000. Subsequently X, Y became untraceable. Under…

Under section 43, first paragraph, of the Indian Contract Act, 1872, when two or more persons make a joint promise, the promisee may, in the absence of express agreement to…

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X, Y, Z jointly promise to pay A an amount of Rs. 50,000. Subsequently X, Y became untraceable. Under the Indian Contract Act, 1872, can A compel Z to pay?

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Correct answer A

Under section 43, first paragraph, of the Indian Contract Act, 1872, when two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any one or more of the joint promisors to perform the whole promise. Hence "A can, under Section 43 para 1", and Z must pay the full Rs. 50,000, rather than "Z can be compelled only for one third".

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