Give your opinion with reference to provisions of the Indian Contract Act, 1872:
1. Whether Joint promisor and promisee voluntary discharge their obligation even after death?
2. In case they won't be able to discharge their obligation, whether any of the joint promisor may be compelled?
Core Legal Challenge
3. What would be the situation in case of default by any one of them?
1) According to section 42 of the Indian Contract Act, 1872, if two or more persons have made a joint promise, ordinarily all of them during their life-time must jointly fulfil the promise. After death of any one of them, his legal representative jointly with the survivor or survivors should do so. After the death of the last survivor the legal representatives of all the original co-promisors must fulfil the promise.
2) As per section 43, 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.
3) 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.
Hence, the legal representative can jointly discharge the obligations of joint promisor and promisee, after their death.
Hence, the joint promisor may be compelled.
Exam Strategy Tip
When answering law questions in the CA Foundation exam, follow the "Provision -> Facts -> Conclusion" structure for maximum marks. Ensure to state the relevant sections where applicable to earn bonus marks from the evaluator.
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