Question: A, B, C and D are the four partners in a firm. They jointly promised to pay 6,00,000 to F. B and C have
A, B, C and D are the four partners in a firm. They jointly promised to pay 6,00,000 to F. B and C have become insolvent. B was unable to pay any amount and C could pay only 50,000. A is compelled to pay the whole amount to F. Decide the extent to which A can recover the amount from D with reference to the provisions of the Indian Contract Act, 1872. (b) AK Private Limited has borrowed 36 crores from BK Finance Limited. However, as per memorandum of AK Private Limited the maximum borrowing power of the company is *30 crores. Examine, whether AK Private Limited is liable to pay this debt? State the remedy, if any available to BK Finance Limited. (c) "A breach of condition can be treated as a breach of warranty". Explain this statement as per relevant provisions of the Sale of Goods Act, 1930.
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