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Section 38: Joint promisors' obligations and liability

38.Obligation and liability of joint promisors

(1)Where two or more persons make a joint promise, the promisee may, in the absence of an express agreement to the contrary, compel one or more of the joint promisors to perform the whole promise.

(2)Where a promisee who institutes a suit against one or several joint promisors obtains a decree against the promisor or promisors, nothing in this section shall be construed as permitting the promisee to institute any further suit arising out of the same cause of action, against any other joint promisor.

(3)A joint promisor may compel the other joint promisor to contribute equally to the performance of the promise unless a contrary intention appears from the contract.

(4)Where a joint promisor defaults in a contribution to the performance of a promise, the other joint promisors shall bear the loss arising from the default, in equal shares.

(5)A joint promisor who bears the loss referred to in subsection (4) may recover from the defaulting joint promisor the amount contributed by him or her arising out of the default.

Plain English Summary

If you are one of several people who jointly make a promise to someone else, that person (the promisee) can demand that any one of you fulfills the en...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

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