Multiple choice

A, B and C jointly promised to pay Rs. 60,000 to D. Before performance of the contract, C dies. Here, the contract

  1. becomes void on C's death

  2. should be performed by A and B along with C's legal representatives

  3. should be performed by A and B alone

  4. should be renewed between A, B and D
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

In a joint contract, if one promisor dies, the contract does NOT become void - the surviving promisors must perform along with the legal representative of the deceased promisor. Section 42 of Indian Contract Act states that when two or more persons make a joint promise and one dies, the legal representative of the deceased promisor, together with the surviving promisor(s), must perform the promise. Option B is correct. Option A is wrong because joint contracts don't void on death. Option C is wrong because the deceased party is still liable through their legal representative. Option D is unnecessary - the original contract continues.

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