AIBE Prep › Papers › AIBE XV — January 2021 › Q.50
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Q.50
Constitutional Law Medium Section in Options
Bare Act Indian Contract Act, 1872 · Section 42

X, Y, Z jointly promise to pay A an amount of Rs. 50,000/- Subsequently X, Y became untraceable. Can A compel Z to pay?

✓ A can, under Section 43 para 1 Answer
B A can under Section 49 para 1
C A cannot and will have to wait till X, Y become traceable
D Z can be compelled only for one third
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Explanation & Strategy

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When X, Y, Z jointly promise to pay Rs. 50,000 and one dies, the survivors and the deceased's legal representatives are jointly bound. Under Section 42 of the Indian Contract Act, when joint promisors die, survivors and the representative of deceased must perform jointly.

  1. 1 Look up the referenced provision in Indian Contract Act, 1872 to verify the answer.
At a Glance
Subject Constitutional Law
Difficulty Medium
Act Indian Contract Act, 1872
Section Section 42
Answer (A) Section in Options
Paper AIBE XV — January 2021
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📖 Open Book — Reading Mode Indian Contract Act, 1872