Contract of Guarantee in Section 126
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Questions and Answers

What are the 3 parties involved in a Contract of Guarantee?

  • Creditor, Lender, Debtor
  • Surety, Principal, Creditor (correct)
  • Surety, Debtor, Bank
  • Principal, Surety, Agent
  • When does the role of the surety in a Contract of Guarantee typically arise?

  • At the beginning of the contract
  • Only if the debtor is bankrupt
  • When there is a default by the principal debtor (correct)
  • When the creditor requests it
  • According to Section 127, what may be considered as a sufficient consideration for the surety to give the guarantee?

  • Anything done for the benefit of the principal debtor (correct)
  • Sharing a personal relationship with the debtor
  • Promising to pay double the debt amount
  • A high monetary compensation
  • What does Section 128 say about the liability of the surety in a Contract of Guarantee?

    <p>It is co-extensive with that of the debtor</p> Signup and view all the answers

    What type of consent should be obtained from the surety in a Contract of Guarantee?

    <p>Consent not obtained by misrepresentation or concealment</p> Signup and view all the answers

    What type of guarantee involves a series of transactions?

    <p>Continuing guarantee</p> Signup and view all the answers

    In the case of State Bank of India v. G.J Herman, who has the authority to decide from whom the debt should be recovered?

    <p>The sureties</p> Signup and view all the answers

    Under what circumstances can a surety revoke their contract of guarantee?

    <p>Only for future continuous transactions by sending a notice to the creditor</p> Signup and view all the answers

    What action can discharge a surety's liability under Section 141 of the Indian Contract Act, 1872?

    <p>Loss of security</p> Signup and view all the answers

    In which scenario is revocation of a guarantee not possible according to Section 131 of the Indian Contract Act, 1872?

    <p>After the contract has been acted upon</p> Signup and view all the answers

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