Question

'A', 'B' and 'C' jointly promised to repay Rs.90,000 to 'D'. Before performance of the contract, 'C' dies. Here the contract ___________________.

• A. becomes void on death of 'C'.
• B. is valid against 'A' and 'B' only.
• C. is voidable at the option of 'A' and 'B'.
• D. is valid against 'A', 'B' and 'C's legal representatives.

Answer 1

The correct option is C is voidable at the option of 'A' and 'B'.

Voidable contract is defined under section 2(i) of The Indian Contract Act 1872 which says that an agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of others is called as voidable contract.

Here the three parties in the contract were A,B & C. If C dies before the performance of the contract then the contract is voidable at the option of A & B. Hence the correct answer is C.