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Indian Contract Act, 1872

Section 116

Devolution of joint liabilities

Quick Answer Reference: Section 116 Contract Act

  • Provision: Section 116 of Contract Act
  • Act: Indian Contract Act, 1872
  • Classification: contract
  • Jurisdiction: India
Statutory Content

What does Section 116 of Contract Act say?

Section 116 of the Indian Contract Act, 1872, deals with the devolution of joint liabilities. It states: 'When two or more persons have made a joint promise, then, unless a contrary intention appears by the contract, all such persons, during their joint lives, and after the death of any of them, his representative, jointly, must fulfill the promise.' This section provides that when multiple persons make a joint promise, they are all jointly liable for the fulfillment of the promise. Upon the death of any of the promisors, their representative becomes liable. The courts have held that the intention of the parties regarding joint liability must be clear from the contract.

Indian StandardSection 116, Indian Contract Act, 1872
Bluebook (21st ed.)Indian Contract Act, 1872, § 116 (India)
Court Pleading StandardSection 116 of the Indian Contract Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-contract-act-1872/116

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 116 Contract Act

What is Section 116 of Contract Act?

Section 116 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Devolution of joint liabilities". The section states: Section 116 of the Indian Contract Act, 1872, deals with the devolution of joint liabilities. It states: 'When two or more persons have made a joint promise, then, unless a contrar...

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