PROPERTY LAW ACT 1974 - SECT 54
Effect of joint contracts and liabilities
PROPERTY LAW ACT 1974 - SECT 54
Effect of joint contracts and liabilities
54 Effect of joint contracts and liabilities
(1) Subject to this and to any other Act—
(a) a promise made by 2 or more
persons shall, unless a contrary intention appears, be construed as a promise
made jointly and severally by each of those persons; and
(b) a liability
which is joint shall not be discharged, nor shall a cause of action with
respect to the liability be extinguished, because of any fact, event, or
matter except to the extent that the same would because of the fact, event or
matter be discharged or extinguished if the liability were joint and several
and not joint.
(2) In this section—
"promise" includes a promise under seal, a covenant, whether express or
implied under this Act, and a bond or other obligation under seal.
(3) This
section applies only to a promise, liability or cause of action coming into
existence after the commencement of this Act.
