JOINT PROMISORS AND THE NATURE OF THEIR LIABILITY
JOINT PROMISORS AND THE NATURE OF THEIR LIABILITY Sections 42, 43 and 44 of the Contract Act deal with the question of liability of the joint promisors. The following rules are contained in these Sections: The liability of the joint promisors is joint and several When two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel or more of such joint promisors to perform the whole of the promise. It depends on the discretion of the promisee as to which of the promisors are to be made liable for the whole of the promise. If one of the promisors is sued to meet the whole of the claim, he cannot say that as between different promisors, his liability is for a part of the promise only. For example, A, B and C jointly promise to pay D 3,000 rupees. D may compel either A or B or C to pay him 3,000 rupees. If two or more persons jointly take a lease, and their liability to pay the rent is joint and several under Section 43...