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Section 146 - Co-sureties liable to contribute equally : Indian Contract Act 1872

 

Are Co-sureties liable to contribute equally? Section 146 of Indian Contract Act 1872

Section 146 of Indian Contract Act 1872 : "Co-sureties liable to contribute equally"

146. Where two or more persons are co-sureties for the same debt or duty, either jointly or severally, and whether under the same or different contracts, and whether with or without the knowledge of each other, the co-sureties, in the absence of any contract to the contrary, are liable, as between themselves, to pay each an equal share of the whole debt, or of that part of it which remains unpaid by the principal debtor.

Illustrations
(a) A, B and C are sureties to D for the sum of 3,000 rupees lent to E. E makes default in payment. A, B and C are liable, as between themselves, to pay 1,000 rupees each.

(b) A, B and C are sureties to D for the sum of 1,000 rupees lent to E, and there is a contract between A, B and C that A is to be responsible to the extent of one-quarter, B to the extent of one-quarter, and C to the extent of one-half. E makes default in payment. As between the sureties, A is liable to pay 250 rupees, B 250 rupees, and C 500 rupees.

 

INDIAN CONTRACT ACT 1872

Section 146 - Co-sureties liable to contribute equally

Section 147 - Liability of co-sureties bound in different sums

CHAPTER IX BAILMENT

Section 148 - Bailment bailor and bailee defined

Section 150 - Bailors duty to disclose faults in goods bailed

 

 

Section 151 - Care to be taken by bailee

Section 152 - Bailee when not liable for loss, etc., of thing bailed

Section 153 - Termination of bailment by bailees act inconsistent with conditions

Section 154 - Liability of bailee making unauthorised use of goods bailed

Section 155 - Effect of mixture with bailors consent of his goods with bailees

 

 

Section 156 - Effect of mixture without bailor's consent, when the goods can be separated

Section 157 - Effect of mixture, without bailor's consent, when the goods cannot be separated

Section 158 - Repayment by bailor, of necessary expenses

Section 159 - Restoration of goods lent gratuitously

Section 160 - Return of goods bailed on expiration of time or accomplishment of purpose

 

 

Section 161 - Bailees responsibility when goods are not duly returned

Section 162 - Termination of gratuitous bailment by death

Section 163 - Bailor entitled to increase or profit from goods bailed

Section 164 - Bailor's responsibility to bailee

Section 165 - Bailment by several joint owners

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