Question

A, B and C jointly promised to pay Rs. $60,000$ to D. A was compelled by D to pay the entire amount of Rs. $60,000$. Here _______________.

• A. A can file a suit against D for recovery of amount exceeding his share
• B. A is entitled to recover Rs. $20,000$ each from B and C
• C. on payment by A, the contract is discharged and B and C are also not liable to A
• D. D is not justified here, and is liable to refund the entire amount to A

Answer 1

The correct option is B A is entitled to recover Rs. $20,000$ each from B and C

Section 42 of the Indian Contract Act, 1872 provides for devolution of joint liabilities in a contract. It states that when two or more persons have made a joint promise, they are required to perform the promise jointly, and on one of theirs death, jointly with the legal representatives of the promisor. The joint liability can be waived only by providing otherwise indicating different intention. Therefore,m even if one is asked to pay as per Section 43 of the Act, it can be recovered by Section 42.