Malaysia legislation
Section 44
Section 44
(2)
Each of two or more joint promisors may compel every other joint promisor to contribute equally with himself to the performance of the promise, unless a contrary intention appears from the contract.
Contracts 35
Sharing of loss by default in contribution
(3)
If any one of two or more joint promisors makes default in the contribution, the remaining joint promisors must bear the loss arising from the default in equal shares.
Explanation—Nothing in this section shall prevent a surety from recovering from his principal payments made by the surety on behalf of the principal, or entitle the principal to recover anything from the surety on account of payments made by the principal.
(a)
A, B and C jointly promise to pay D RM3, 000. D may compel either A or B or C to pay him RM3, 000.
(b)
A, B and C jointly promise to pay D the sum of RM3,000. C is compelled to pay the whole. A is insolvent, but his assets are sufficient to pay one-half of his debts. C is entitled to receive RM500 from A’s estate, and RM1,250 from
B.
(c)
A, B and C are under a joint promise to pay D RM3,000. C is unable to pay anything, and A is compelled to pay the whole. A is entitled to receive
RM1,500 from B.
(d)
A, B and C are under a joint promise to pay D RM3,000, A and B being only sureties for C. C fails to pay. A and B are compelled to pay the whole sum.
They are entitled to recover it from C.
Effect of release of one joint promisor