Question

P, Q and K made a joint promise to give S a sum of Rs. 3000. S recovered the whole amount from P. Q was declared insolvent and cannot give anything. Which statement out of the following is correct?

• A. P cannot get anything from R.
• B. P can recover Rs. 1000 from R.
• C. P can recover Rs. 1500 from R.
• D. P can recover Rs. 2000 from R.

Hint:

In cases of joint promises, if one promisor is insolvent, the remaining solvent promisors share the default equally in addition to their own share.

Answer 1

The Correct Option is C

Step 1: Understanding the concept of joint promises
Under Sections 42–45 of the Indian Contract Act, when two or more persons make a joint promise, all are jointly liable to perform it. If one performs more than his share, he can claim contribution from the others.
Step 2: Calculating the equal share
Here, the total promise = Rs. 3000. Since P, Q, and K are co-promisors, each one’s share would normally be: \[ \frac{3000}{3} = 1000 \] So P should have paid only Rs. 1000.
Step 3: Insolvency effect
Q is insolvent, so Q’s share of Rs. 1000 has to be borne equally by the solvent promisors (P and K). Thus: \[ \text{Extra burden for each solvent promisor} = \frac{1000}{2} = 500 \] Step 4: Amount recoverable from R (or K)
P has paid Rs. 3000 in total, so he can recover from R: Own share of R = Rs. 1000 + Rs. 500 (half of Q’s share) = Rs. 1500.
\[ \boxed{\text{P can recover Rs. 1500 from R.}} \]