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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Limitation

A, B and C are joint contractors who owe a debt to X. Just before the limitation period ends, B alone signs a written acknowledgment of the debt. Ignoring other provisions, what is the position against A and C under Section 20?

A and C are not made chargeable merely because B signed the acknowledgment. Section 20(2) provides that one of several joint contractors, partners, executors or mortgagees is not rendered liable by reason only of another's written acknowledgment or payment.

  1. AA and C are chargeable by reason only of B's written acknowledgment
  2. BOnly C is chargeable, as the last named contractor
  3. CA and C are chargeable if X sues within one year
  4. DA and C are not rendered chargeable by reason only of B's written acknowledgmentCorrect

Explanation

Section 20(2) says that nothing in Sections 18 and 19 renders one of several joint contractors chargeable by reason only of a written acknowledgment signed by, or a payment made by, another of them. The fresh period therefore does not extend to A and C on that basis.

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