MEANING: 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. By whom joint promises must be performed:
The following are the rules as regards 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 express agreement to the contrary, the promisee may compel any one or more of the joint promisors to perform the whole of the promise. This means the liability of joint promisors is joint and several.
EX: A, B, and C jointly promises to pay D Rs 3000. D may compel all or any or either A or B or C to pay him Rs 3000.
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.
EX: A, B, and C jointly promises to pay D Rs 3000/-. A is compelled to pay the whole amount to D. he may recovers Rs 1000/- from B and C.
4. Sharing of losses arising from default:-{section 43, Para 3}: if any one of the joint promisors makes a default in making contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.
EX: A, B, and C jointly promises to pay D Rs 3000/-. C is unable to pay anything and A is compelled to pay the whole amount to D and entitled to receive Rs 1500/- form B.
5. Release of joint promisor:{section 44}:If one of joint promisor 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. The released joint promisor also continues to be liable to the other promisors.
EX: D1, D2, and D3 jointly owe a debt to C. C releases D1 from his liability and files a suit against D2 and D3 for payment of debt. D2 and D3 are not released from their liability nor is D1 discharged from his liability to D2 and D3 for contribution.