Multiple choice

In relation to devolution of joint liabilities, as a general rule the Indian Contract Act incorporates the principle of

  1. survivorship

  2. succession

  3. Both a & b

  4. None of the above
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Under Section 42-44 of the Indian Contract Act, 1872, when two or more persons are jointly liable for a debt, the death of one of them results in the devolution of his liability upon his legal representatives (heirs). This is based on the principle of succession, not survivorship. Survivorship typically applies to co-owners where the surviving party acquires the deceased's interest automatically, but joint contractual liabilities pass to the deceased's estate and successors.

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