Joint promise enforcement allows a promisee to compel full performance and entitles promisors to equal contribution rights. When two or more persons make a joint promise, the promisee may, absent an express contrary agreement, compel any one or more joint promisors to perform the whole promise. Each joint promisor may compel equal contribution from the others unless a contrary intention appears, and remaining promisors must equally share losses caused by a co promisor's default. The provision preserves surety rights to recover payments from the principal and prevents principals from claiming repayments from sureties for amounts they paid.
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Provisions expressly mentioned in the judgment/order text.
Joint promise enforcement allows a promisee to compel full performance and entitles promisors to equal contribution rights.
When two or more persons make a joint promise, the promisee may, absent an express contrary agreement, compel any one or more joint promisors to perform the whole promise. Each joint promisor may compel equal contribution from the others unless a contrary intention appears, and remaining promisors must equally share losses caused by a co promisor's default. The provision preserves surety rights to recover payments from the principal and prevents principals from claiming repayments from sureties for amounts they paid.
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