Question:medium

P, Q and R made a joint promise to give S a sum of Rs.3000. S recovered the whole amount from P. Q was declared insolvent and cannot give anything. Which statement out of the following is correct?

Show Hint

Q is insolvent, so only two solvent promisors are left to carry Rs. 3000 between them. Split the whole debt between P and R equally.
Updated On: Jul 17, 2026
  • P cannot get anything from R.
  • P can recover Rs.1000 from R.
  • P can recover Rs.1500 from R
  • P can recover Rs.2000 from R.
Show Solution

The Correct Option is C

Solution and Explanation

Step 1: Set out the position.
Three people, P, Q and R, jointly promised S a single sum of $3000$. S has already taken the entire $3000$ from P. That was S's right, because a promisee can call on any one of the joint promisors to perform the whole promise. The question is only about the second stage, the settling of accounts among the promisors themselves.

Step 2: Fix the principle of contribution.
The Contract Act treats joint promisors as equals between themselves. Each must bear an equal share of the debt. If one of them cannot pay his share, that gap is not dumped on the person who happened to pay the creditor. It is divided equally among all the promisors who are still solvent. Keep that last sentence in mind, because it is where most students slip.

Step 3: Build the answer from the bottom up.
Ask who should finally carry the loss. Q is insolvent, so nothing can be collected from him. That leaves exactly two solvent promisors, P and R. Between two equals, a debt of $3000$ splits down the middle.
\[ \text{Final burden of each solvent promisor} = \frac{3000}{2} = 1500 \]
P has already paid the whole $3000$ out of his pocket. His own fair share is $1500$. So the excess he paid, and can now claim from R, is
\[ 3000 - 1500 = 1500 \]

Step 4: Cross-check with the share-by-share method.
Each of the three should bear $\frac{3000}{3} = 1000$. Q's $1000$ falls through because he is insolvent, and it is split between the two solvent promisors, giving $\frac{1000}{2} = 500$ each. So each of P and R ends up with $1000 + 500 = 1500$. Both routes give the same figure, which confirms the working.

Step 5: Test the wrong options against the principle.
Saying P gets nothing from R would mean the promisor unlucky enough to be chased by the creditor carries the whole debt alone. The statute exists precisely to prevent that.
Saying P recovers only $1000$ applies the equal one third share but ignores Q's insolvency, leaving P with $2000$ and R with $1000$. Two solvent promisors would then be treated unequally.
Saying P recovers $2000$ pushes the whole of Q's $1000$ default onto R, so R would bear $2000$ and P only $1000$. Again unequal, and again against the rule that solvent promisors share a default equally.

Step 6: Final answer.
P can recover $1500$ from R.
\[ \boxed{\text{Rs. } 1500} \]
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