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A, B and C jointly promised to pay Rs. 60,000 to D. Before performance of the contract, C dies. Here, the contract
- a)becomes void on C’s death.
- b)should be performed by A and B along with C’s legal representatives.
- c)should be performed by A and B alone.
- d)should be renewed between A, B and D.
Correct answer is option 'B'. Can you explain this answer?
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A, B and C jointly promised to pay Rs. 60,000 to D. Before performance...
If two or more persons have made a joint promise, ordinarily all of them during their life-time must jointly fulfill the promise. After death of anyone of them, his legal representative jointly with survivor or survivors should do so. After the death of the last survivor the legal representatives of all the original co-promisors must fulfill the promise. So, in the given question, the contract should be performed by A and B along with C's legal representatives.
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A, B and C jointly promised to pay Rs. 60,000 to D. Before performance...
Joint Promise and the effect of death of a promisor
Explanation:
When two or more persons make a promise jointly, then it is called a joint promise. Each promisor is bound jointly and severally to perform the promise.
In the given question, A, B and C have made a joint promise to pay Rs. 60,000 to D. However, before the performance of the contract, C dies. Here, the effect of death of a promisor on a joint promise needs to be determined.
Effect of death of a promisor on a joint promise:
According to Section 42 of the Indian Contract Act, 1872, when two or more persons make a joint promise, then the death of one of them operates as a discharge of the promise, unless a contrary intention appears from the contract.
However, if the deceased promisor had any legal representative, then the promise shall be performed by the remaining promisors along with the legal representative of the deceased promisor.
Application to the given case:
In the given case, A, B and C had made a joint promise to pay Rs. 60,000 to D. However, before the performance of the contract, C dies. As per Section 42 of the Indian Contract Act, the death of C operates as a discharge of the promise, unless a contrary intention appears from the contract.
However, in this case, since C had a legal representative, the promise shall be performed by A and B along with the legal representative of C. Hence, option (B) is the correct answer.
Conclusion:
Thus, in case of a joint promise, the death of one of the promisors operates as a discharge of the promise, unless a contrary intention appears from the contract. However, if the deceased promisor had any legal representative, then the promise shall be performed by the remaining promisors along with the legal representative of the deceased promisor.
Explanation:
When two or more persons make a promise jointly, then it is called a joint promise. Each promisor is bound jointly and severally to perform the promise.
In the given question, A, B and C have made a joint promise to pay Rs. 60,000 to D. However, before the performance of the contract, C dies. Here, the effect of death of a promisor on a joint promise needs to be determined.
Effect of death of a promisor on a joint promise:
According to Section 42 of the Indian Contract Act, 1872, when two or more persons make a joint promise, then the death of one of them operates as a discharge of the promise, unless a contrary intention appears from the contract.
However, if the deceased promisor had any legal representative, then the promise shall be performed by the remaining promisors along with the legal representative of the deceased promisor.
Application to the given case:
In the given case, A, B and C had made a joint promise to pay Rs. 60,000 to D. However, before the performance of the contract, C dies. As per Section 42 of the Indian Contract Act, the death of C operates as a discharge of the promise, unless a contrary intention appears from the contract.
However, in this case, since C had a legal representative, the promise shall be performed by A and B along with the legal representative of C. Hence, option (B) is the correct answer.
Conclusion:
Thus, in case of a joint promise, the death of one of the promisors operates as a discharge of the promise, unless a contrary intention appears from the contract. However, if the deceased promisor had any legal representative, then the promise shall be performed by the remaining promisors along with the legal representative of the deceased promisor.
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A, B and C jointly promised to pay Rs. 60,000 to D. Before performance of the contract, C dies. Here, the contracta)becomes void on C’s death.b)should be performed by A and B along with C’s legal representatives.c)should be performed by A and B alone.d)should be renewed between A, B and D.Correct answer is option 'B'. Can you explain this answer?
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