Joint Promisors & Joint Promisees — Sections 42–45 — KSLU Contract I Notes

Joint Promisors & Joint Promisees (Ss.42–45)

When two or more people make a promise together — or a promise is made to several people together — who can sue whom, and for how much? Sections 42–45 govern this devolution of joint rights and liabilities.

Devolution of joint rights and liabilities (ss.42–45)

Where two or more persons make or receive a joint promise, the Act settles how the duty and the right are shared:

1. s.42 — joint liability to perform. When two or more persons make a joint promise, all of them must jointly fulfil it; and, unless a contrary intention appears, on the death of any joint promisor his legal representatives must perform jointly with the survivors, and on the death of the last survivor, the representatives of all must perform.

2. s.43 — any one may be compelled; right of contribution. In the absence of a contrary agreement, the promisee may compel any one or more of the joint promisors to perform the whole of the promise — their liability is joint and several. A joint promisor who is made to perform may claim equal contribution from the others; and if one of them cannot pay, the deficiency is shared among the rest.

3. s.44 — effect of releasing one joint promisor. A release of one joint promisor by the promisee does not discharge the others, nor does it free the released promisor from his duty to contribute to the others.

4. s.45 — devolution of joint rights. When a person makes a promise to two or more persons jointly, the right to claim performance rests, as between him and them, with all of them jointly; on the death of any, with his representatives jointly with the survivors; and on the death of the last survivor, with the representatives of all jointly.

🧩 WORKED EXAMPLE — joint promisors, one insolvent.

Facts. A, B and C jointly promise to pay D ₹30,000. B becomes insolvent. D sues A alone for the whole amount.

Rule. Joint promisors are jointly and severally liable (s.43): D may compel any one to pay the whole; the paying promisor claims contribution, and an insolvent’s share is borne by the solvent promisors.

Apply. D may recover the entire ₹30,000 from A. A may then claim contribution — but since B is insolvent, B’s ₹10,000 share is split between A and C, so each ultimately bears ₹15,000.

Conclusion. D can recover the whole ₹30,000 from A; A bears ₹15,000 and recovers ₹15,000 from C (B’s insolvent share being shared by the solvent two).

📄 Full notes + Question Bank (₹199) — every topic in depth, model answers to all past KSLU questions, in one printable PDF. Get the bundle · 10 Solved Problems · All Contract-I topics