Give your opinion with reference to provisions of the Indian Contract Act, 1872: 1. Whether Joint promisor and promisee voluntary discharge their…

1. According to section 42 of the Indian Contract Act,1872, if two or more persons have made a joint promise, ordinarily all of them during their life-time must jointly fulfil the promise. After death of any one of them, his legal representative jointly with the survivor or survivors should do so. After the death of the last survivor the legal representatives of all the original co-promisors must fulfil the promise. Hence, the legal representative can jointly discharge the obligations of joint promisor and promisee, after their death. 2. As per section 43, 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. Hence, the joint promisor may be compelled. 3. 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.