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…
Choose your answer
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?
Answer and explanation
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".
Practice for these exams
-
All India Bar Examination (AIBE)
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision