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Under Section 41, when a promisee accepts performance from a third person, he:
ACannot afterwards enforce the promise against the promisor
BMay recover only half from the promisor
CMust obtain the promisor's ratification
DCan still recover from the original promisor
Answer & Solution
Correct answer: A. Cannot afterwards enforce the promise against the promisor
Acceptance of performance from a third person discharges the promisor, even if he had neither authorised nor ratified it; the promisee cannot later enforce it against him.
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