Contract Law (CLAT Legal-Aptitude): Questions 60 - 62 of 97

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Passage

PRINCIPLE: When two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any 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. When two or more persons have made a joint promise, then, unless a contrary intention appears by the contract, all such persons, during their joint lives, and, after the death of any of them, his representative jointly with the survivor or survivors, and, after the death of the last survivor, the representatives of all jointly, must fulfil the promise. 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. Where two or more persons have made a joint promise, a release of one of such joint promisors by the promisee does not discharge the other joint promisor or joint promisors; neither does it free the joint promisors so released from responsibility to the other joint promisor or joint promisors.

FACTS: Amit, Bhushan and Chia are three friends who borrowed Rs. 12000 from Devesh for partying out late at night. They promised to pay to him the amount within reasonable time. Finally, they returned and Chia was found sufficiently sick. Devesh seeks to recover the amount from the three.

Question number: 60 (1 of 4 Based on Passage) Show Passage

» Contract Law

MCQ▾

Question

Devesh has some enmity with Bhushan. To take his case, he seeks to recover the whole of it from Bhushan. Choose the correct option.

Choices

Choice (4) Response
a.

He may not recover the whole of the amount from Bhushan as there are two more promisors here.

b.

He may recover the whole of the amount from Bhushan.

c.

The practice contemplated, of Devesh recovering whole of it from Bhushan, shall be against the basic principles of justice.

d. None of the above

Question number: 61 (2 of 4 Based on Passage) Show Passage

» Contract Law

MCQ▾

Question

Imagine that Bhushan is not present in the meeting wherein it is decided that the three are joint promisors. He even does not attend the party and is no more a good friend of Amit and Chia. In addition to the same, he announces that he isn’t borrowing any money. Choose the correct option.

Choices

Choice (4) Response
a.

He may not be compelled to pay his share as his intentions are different on the face of the contract.

b.

His representatives may be approached for the amount.

c.

He may be compelled by the two promisors to pay his share to Devesh.

d. All of the above

Question number: 62 (3 of 4 Based on Passage) Show Passage

» Contract Law

MCQ▾

Question

Imagine that Devesh releases Chia from the liability of payment of the amount. Depressed by the same when drunk, Amit commits suicide. Which of the following stand (s) in accordance with the laws above as the most suitable option?

Choices

Choice (4) Response
a.

Chia and Bhushan will have to pay Rs. 6000 each for the return of the borrowed amount to Devesh.

b.

Bhushan shall have to pay the whole of the amount and he may recover half of the same from representative of Chia.

c.

The representatives of Amit may be contacted for his share Chia shall have to pay for he shall be liable to Bhushan while Bhushan will have to contribute his amount.

d. None of the above

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