AIBE XV — January 2021 — Q.50 (Indian Contract Act, 1872)

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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 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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