Home › CA Foundation › businesslaw › Performance of Contract › Under Section 45, where a promise is made to two…
Under Section 45, where a promise is made to two or more promisees jointly, the right to claim performance rests:
AWith each promisee for an equal share separately
BWith the eldest promisee alone
CWith whichever promisee sues first
DWith all of them jointly (and the survivors/representatives on death)
Answer & Solution
Correct answer: D. With all of them jointly (and the survivors/representatives on death)
Section 45 vests the right to claim performance jointly in all the promisees during their joint lives, and on death, with the survivor(s) together with the deceased's representatives.
Related questions
Under Section 50, performance of a promise may be made in the manner or at the time which:A and B agree A will deliver goods to be paid for on delivery. A need not deliver unless BActual breach of a contract can be committed:Under Section 56, where the promisor alone knew, or with reasonable diligence should have Where a contract becomes impossible or unlawful to perform after it is made, due to an unfAn agreement to do an act impossible in itself (initial impossibility) under Section 56 isUnder Section 55, where time is NOT of the essence and performance is delayed, the promiseUnder Section 55, where time is of the essence of the contract and a party fails to perfor