Question
P, Q and R jointly promised to pay Rs. 49,999 to Karan.
Before performance of the contract, R dies. Here, the contract has to be performed by whom?Solution
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 the death of one of them, his legal representatives jointly with the surviving promisors. The joint liability can be waived only by providing otherwise indicating different intention. Therefore, even if one is asked to pay as per Section 43 of the Act, it can be recovered by Section 42.
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