100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached 4.2 TrustPilot
logo-home
Summary

Summary 9 Multi-Party Obligations

Rating
-
Sold
-
Pages
2
Uploaded on
01-10-2020
Written in
2019/2020

Summary of 2 pages for the course Mercantile Law 193 at SUN (Merc Law summaries)

Institution
Module








Whoops! We can’t load your doc right now. Try again or contact support.

Written for

Institution
Module

Document information

Uploaded on
October 1, 2020
Number of pages
2
Written in
2019/2020
Type
Summary

Subjects

Content preview

Multi-Party Obligations

General
- Different types of contractual relationships may be distinguished by law.
- Multiparty obligations: obligations exist between more than 1 debtor/creditor



Different Types
Simple Co-Debtor/Creditor Relationship
- Simple Co-debtor: agree to pay debt & each liable equal portion.
- Simple Co-creditors: each creditor entitled to a proportional amount of debt.

Joint Co-Creditors/Debtors
- Joint co-debtors: full amount of debt must be claimed jointly from all of them.
- Joint co-creditors: when they must claim the full amount jointly.

Joint & Several Co-Creditors/Debtors
- Joint & several co-debtors: every debtor liable for full amount but if one
performs all are freed often used for security
- Joint & several co-creditors: all creditors are entitled to debt.
- Different scenarios distinguished in relation to performance:
 Obligations of other debtors only expire on this basis if substantial
performance was made.
 Payment, set-off and novation considered substantial, prescription not.
 If creditor frees one debtor from performing whole obligation, other
debtors will be liable for whole amount minus amount for which that
debtor would have been liable if were each liable for pro rata share.
 If solidary co-debtor performs only part of whole debt, he & other
debtors remain liable for remainder of debt.
 If creditor claims lesser amount from him & pays that, he will be freed.
 Question whether solidary co-debtor can claim from others where he
has performed more than pro-rata share will depend on express/
implied agreement between debtors



Type of Relationship Applicable
- Difficult to determine exactly which type of relationship wanted to conclude.

Get to know the seller

Seller avatar
Reputation scores are based on the amount of documents a seller has sold for a fee and the reviews they have received for those documents. There are three levels: Bronze, Silver and Gold. The better the reputation, the more your can rely on the quality of the sellers work.
summaryprovider Stellenbosch University
Follow You need to be logged in order to follow users or courses
Sold
16
Member since
5 year
Number of followers
14
Documents
38
Last sold
1 year ago

5.0

1 reviews

5
1
4
0
3
0
2
0
1
0

Recently viewed by you

Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their exams and reviewed by others who've used these revision notes.

Didn't get what you expected? Choose another document

No problem! You can straightaway pick a different document that better suits what you're after.

Pay as you like, start learning straight away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and smashed it. It really can be that simple.”

Alisha Student

Frequently asked questions