Question

P, Q, and R made a joint promise to give S a sum of ₹3000. S recovered the whole amount from P. Q was declared insolvent and cannot give anything. Which statement out of the following is correct?

विकल्प

• P cannot get anything from R.

• P can recover ₹1000 from R.

• P can recover ₹1500 from R

• P can recover ₹2000 from R.

Answer 1

P can recover ₹1500 from R

Explanation:

When two or more persons make a joint promise, the promisee may, in the absence of an express agreement to the contrary, compel any 1[one or more] of such joint promisors to perform the whole of the promise. -When two or more persons make a joint promise, the promisee may, in the absence of an express agreement to the contrary, compel any 1[one or more] of such joint promisors to perform the whole of the promise." Each promisor may compel contribution.-Each of two or more joint promisors may compel every other joint promisor to contribute equally with himself to the performance of the promise unless a contrary intention appears from the contract. - Each of two or more joint promisors may compel every other joint promisor to contribute equally with himself to the performance of the promise unless a contrary intention appears from the contract." Sharing of loss by default in contribution.-If any one of two or more joint promisors makes default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares. -If anyone of two or more joint promisors makes default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares." Explanation.-Nothing in this section shall prevent a surety from recovering, from his principal, payments made by the surety on behalf of the principal, or entitle the principal to recover anything from the surety on account of payment made by the principal.