Rights and liabilities of joint promisors in a contract

 
Image

When two or more persons have made a joint promise, they are known as joint promisors. Unless a contrary intention appears from the contract, all joint promisors must jointly fulfill the promise. If any of them dies, his legal representatives must, jointly with the surviving promisors, fulfill the promise. If all of them die, the legal representative of all of them must fulfill the promise jointly.

The following are the rules as regards the performance of joint promises:

1. All promisors must jointly fulfill the promise: According to section 42, when two or more persons have made a joint promise, then unless a contrary intention appears by the contract, all joint promises must jointly fulfill the promise. If any of them dies, his legal representatives must, jointly with the surviving promisors, fulfill the promise. If all of them die, the legal representative of all of them must fulfill the promise jointly.

2. Any one of the joint promisors may be compelled to perform: {section 43, para1}: when two or more persons make a joint promise and there is in the absence of an express agreement to the contrary, the promisee may compel anyone or more of the joint promisors to perform the whole of the promise. This means the liability of joint promisors is joint and several.

3. A joint promisor compelled to perform, may claim contribution {section 43, Para 2}: If one of the several joint promisors is made to perform the whole contract, he may compel the other joint promisors to contribute equally with himself to the performance of the promise, unless a contrary intention appears from the contract.

4. Sharing of losses arising from default:-{section 43, Para 3}: if any one of the joint promisors makes default in making a contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.

5. Release of joint promisor:{section 44}: If one of the joint promisors is released from his liability by the promisee, his liability to the promise ceases nut this does not discharge the other promisors from their liability. They released joint promisor also continue to be liable to the other promisors.

Share this story

WhatsApp Channel Join Now