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Rules-cont
By whom contracts must be performed?
1. by the promisor himself. (Sec 40)
2. By the promisor or his agent. (sec 40Clause-2)
3. By the legal representative. (Sec 37Clause-2)
4. Performance by a third party. (sec 41
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3. Right of contribution inter-se between joint
promisors.(sec-43, para 2)
Example:
If A is compelled to pay the entire amount of
Rs, 3,000, he can realise from B and C
Rs,1,000 each.
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4. Sharing of loss by default in contribution.
(sec 43)
If A is complled to pay the whole amount of
Sharing
by default in
3,000 and
C ofislossunable
tocontribution
pay anything, A
is entitled to receive Rs. 1500 from B. if
Cs estate is able to pay one-half of his
share, Rs 500, then Rs, 1250 will be
received from B.
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5. Effect of release of one joint promisor.
If one of the joint promisors is released
from his liability by the promisee, his
liability to the promisee ceases but this
does not discharge the other joint
promisor from liability. (sec 44)
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