It is a promise where two or more parties enter into a contract with one or more parties known as joint promise. It may be in the following shapes:
Several Promisors
Where two or more joint promisors enter into a contract with a single promise. For example, A, B and C enter into a contract to make payment of $30000 to B.
Several Promises
Where a single promisor makes a promise with several promises. For example, A promises to pay $30000 to B, C and D.
Several Promisors and Promises
Where two or more joint promisors make a promise with two or more joint promises. For example, A, B and C jointly promise to pay $30000 to X, Y and Z.
See Also: Essentials Of a Valid Offer
Performance of Joint Promises
In case of joint promises, the question arises that who has a right to demand the performance of a joint promise and who is responsible to perform the joint promise. Answer of these question can be given as follows:
(a) Who can demand Performance
According to section 45 of The Contract Act, when a promise is made with several promises jointly, then unless a contrary intention appears from the contract.
The right to demand performance rests with all the promises jointly and a single promisee cannot demand the performance of the promise.
So according to this section, the performance of the contract may be demanded as follows:
- All the joint promises can demand the performance of the contract jointly.
- In case of death of any promisee, the legal representative of such deceased person and remaining promises can jointly demand the performance of the promise.
- In case of death of all the promises, the legal representatives of all the deceased persons can jointly demand the performance of the promise.
Illustration:
A enters into a contract to pay $30000 to B, C and D. B dies before the performance of the contract.
Now C, D and legal representative of B can jointly demand the performance of a contract.
(b) By Whom Joint Promises must be Performed
The rules regarding the responsibilities of performance of joint;
All Promisors are responsible to perform
When two or more persons have made a jointly promise. They all are jointly responsible to perform the contract.
If anyone or more of the promisors have died then the legal representatives of the deceased promisors and survivors are jointly responsible to perform the joint promise.
When all the jointly promisors have died then the legal representatives of all the jointly promisors are jointly responsible to perform the promises.
See Also: Different Types of Proposal
Illustration
A, B and C enter into a contract to pay $5000 to D. A and B die before the performance of the contract. Now C and legal representatives of A and B are jointly responsible to perform the contract.
Exception
When the contract depends on the personal qualifications and skill of the promisor. Then the legal representatives of the deceased promisors cannot be held responsible for the performance of the contract.
Similarly, in a general contract, the legal representatives of deceased promisors are not personally liable but their property is liable only up to the amount of the assets inherited to them by the deceased promisors. (Section 42)
Anyone or more Joint promisors
When two or more persons make a joint promise, the promisee is entitled, in the absence of an expressed contract to the contrary to compel any one or more of such joint promisors to perform the whole of the promise.
It means, in case of a jointly promise, the liability of the promisors is joint and several as against the promisee unless there is a contract to the contrary. (Section 43)
Illustration:
A, B and C jointly promise to pay $6000 to D. D may compel either A or B or C or all or any two of them to pay $6000 to D.
Equal Contribution by Joint Promisors
When one of the joint promisors has to perform the whole contract, he may require an equal contribution from the other jointly promisors, unless a Contrary intention appears from the contract (section 43).
A, B and C enter into a jointly promise to pay $1000 to is compelled to perform the whole contract. Now A is entitled to get each from B and C.
Sharing of Loss by default in contribution
If anyone of two or more joint promisors makes default in making a contribution, the remaining jointly promisors must bear the loss arising from such default in equal shares. (Section 43)
See Also: What is Cancellation of Proposal
Illustration
In the above Illustration, if B is insolvent and can pay only $1000, Then A will be entitled to get $2500 from C.
Illustration
In the above Illustration, If B becomes insolvent and cannot pay anything then A will be entitled to get $3000 (equal contribution) from c.
Effect of Release of Joint Promisor
Where two or more persons have made a jointly promise, a release of one of such joint promisors by the promise does not discharge.
The other joint promisors from the liability; neither does it free the jointly promisor so released from responsibility to contribute to the other jointly promisor or promisors.
Illustration
A, B and C enter into a contract to pay $6000 to D. D releases C to make payment but A and B have to pay $6000 to D.
Now is bound to contribute his share of payment to A and B and is not released from his responsibility to pay $2000 to A and B.
