Section 40 specifies that if it appears from the nature of the case that it was the intention of the parties to any contract that any promise contained in it should be performed by the promisor himself, such promise must be performed by the promisor. In other cases, the promisor or his representatives may employ a competent person to perform it.
Effect of accepting performance from third person (Section 41)- When a promisee accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor.
Devolution of joint liabilities (Section 42)- When two or more persons have made a joint promise, then, unless a contrary intention appears by the contract all such persons, during their joint lives, and, after the death of any of them, his representative jointly with the survivor or survivors, and, after the death of the last survivor, the representatives of all jointly, must fulfill the promise.
Any one of joint promisors may be compelled to perform ( Section 43) When two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any [one or more] of such joint promisors to perform the whole of the promise.
Each promisor may compel contribution.- Each of two or more joint promisors may compel every other joint promisor to contribute equally with himself to the performance of the promise, unless a contrary intention appears from the contract.
Sharing of loss by default in contribution.- If any one of two or more joint promisors makes default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares. Explanation.— Nothing in this section shall prevent a surety from recovering from his principal, payments made by the surety on behalf of the principal, or entitle the principal to recover anything from the surety on account of payments made by the principal.
As the liability is joint and several under Sec. 43 of the Contract Act, D1 cannot escape from his liability merely because the claim as against D2 stood abated. Therefore, there is not any illegality in the decree granted by the lower Court as against D1.
Effect of release of one joint promisor (Section 44) Where two or more persons have made a joint promise, a release of one of such joint promisors by the promisee does not discharge the other joint promisor or joint promisors, neither does it free the joint promisors so released from responsibility to the other joint promisor or joint promisors.
Devolution of joint rights (Section 45)- When a person has made a promise to two or more persons jointly, then, unless a contrary intention appears from. the contract, the right to claim performance rests, as between him and them, with them during their joint lives, and, after the death of any of them, with the representative of such deceased person jointly with the survivor or survivors and, after the death of the last survivor, with the representatives of all jointly.
Effect of accepting performance from third person (Section 41)- When a promisee accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor.
Devolution of joint liabilities (Section 42)- When two or more persons have made a joint promise, then, unless a contrary intention appears by the contract all such persons, during their joint lives, and, after the death of any of them, his representative jointly with the survivor or survivors, and, after the death of the last survivor, the representatives of all jointly, must fulfill the promise.
Any one of joint promisors may be compelled to perform ( Section 43) When two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any [one or more] of such joint promisors to perform the whole of the promise.
Each promisor may compel contribution.- Each of two or more joint promisors may compel every other joint promisor to contribute equally with himself to the performance of the promise, unless a contrary intention appears from the contract.
Sharing of loss by default in contribution.- If any one of two or more joint promisors makes default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares. Explanation.— Nothing in this section shall prevent a surety from recovering from his principal, payments made by the surety on behalf of the principal, or entitle the principal to recover anything from the surety on account of payments made by the principal.
As the liability is joint and several under Sec. 43 of the Contract Act, D1 cannot escape from his liability merely because the claim as against D2 stood abated. Therefore, there is not any illegality in the decree granted by the lower Court as against D1.
Effect of release of one joint promisor (Section 44) Where two or more persons have made a joint promise, a release of one of such joint promisors by the promisee does not discharge the other joint promisor or joint promisors, neither does it free the joint promisors so released from responsibility to the other joint promisor or joint promisors.
Devolution of joint rights (Section 45)- When a person has made a promise to two or more persons jointly, then, unless a contrary intention appears from. the contract, the right to claim performance rests, as between him and them, with them during their joint lives, and, after the death of any of them, with the representative of such deceased person jointly with the survivor or survivors and, after the death of the last survivor, with the representatives of all jointly.
Persons By Whom Contracts Must be Performed
![Persons By Whom Contracts Must be Performed]()
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