Machine-translated by Google. Questions are authored in English.
Top

Discussion

A and B jointly owe Rs. 100 to C. A alone pays the amount to C and B not knowing the fact pays Rs. 100 again to C. Whether B can.

  • A.recover the amount U/s 71 of the Contract Act, 1872
  • B.recover the amount U/s 72 of the Contract Act, 1872
  • C.Can't recover the amount
  • D.Recover the amount U/s 70 of the Contract Act, 1872

Answer: B

B can recover the amount under Section 72 of the Contract Act.

Section 72 provides that a person to whom money has been paid by mistake or under coercion must repay or return it. The facts of the question are its own illustration: A has already paid the joint debt, so B's second payment, made in ignorance, was made by mistake, and C must repay it to B.

Section 70 concerns lawful acts done non-gratuitously for another who enjoys the benefit, and Section 71 the responsibility of a finder of goods. So B's remedy is under Section 72, and 'can't recover' is wrong.

No comment is present. Be the first to comment.
Loading…

Post your comment

Please log in or register to post a comment.