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CA Foundation · Business Laws · The Indian Contract Act, 1872

Mohan, Nitin and Om jointly promised to pay Rs 90,000 to Pooja. Pooja, without any agreement between them, sues and recovers the entire amount from Mohan alone. Which of the following is correct about Mohan's rights?

Mohan can recover Rs 30,000 each from Nitin and Om. A promisee may demand the whole performance from any one joint promisor, but that promisor is entitled to equal contribution from the other joint promisors unless they have agreed otherwise.

  1. AMohan can recover Rs 30,000 each from Nitin and Om as equal contributionCorrect
  2. BMohan has no right against the others as Pooja chose to sue him
  3. CMohan can recover the full Rs 90,000 from Nitin
  4. DMohan can recover only from Om, because he is the last joint promisor

Explanation

Under Section 43, a promisee may compel any one of the joint promisors to perform the whole promise. That promisor may then compel the others to contribute equally, unless there is a contrary agreement. Each share is Rs 90,000 divided by 3, which equals Rs 30,000. Mohan therefore recovers Rs 30,000 from each of Nitin and Om. Option C is wrong because contribution is equal and not a full reimbursement from one person.

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