A owes B ₹10,000. C, a third party, pays B ₹8,000 in full satisfaction of A's debt, which B accepts. B later sues A for the remaining balance of ₹2,000. Will B succeed?
Answer and explanation
Correct answer: C. No, accepting third-party performance bars enforcement against the promisor (Section 41)
- Step 1: Examine Section 41 of the Indian Contract Act, 1872 regarding performance of promises by third parties.
- Step 2: Section 41 explicitly states: "When a promisee accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor."
- Step 3: Because agreed to accept ₹ from third party in full satisfaction of the claim against , 's right of action against original debtor is completely discharged, precluding any recovery of the ₹ balance.
Answer
No, under Section 41, when a promisee accepts performance of a promise from a third person, he cannot afterwards enforce it against the promisor.
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