Define contract of indemnity and contract of guarantee and state the conditions when guarantee is considered invalid?

CA Foundation · Business Laws · MTP · June 2024
Define contract of indemnity and contract of guarantee and state the conditions when guarantee is considered invalid?

Suggested Answer and Working Notes:

Section 124 of the Indian Contract Act, 1872 states that “A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or the conduct of any person”, is called a “contract of indemnity”. Section 126 of the Indian Contract Act, 1872 states that “A contract to perform the promise made or discharge liability incurred by a third person in case of his default” is called a “contract of guarantee”. The conditions under which the guarantee is invalid, or void is provided in section 142, 143 and 144 of the Indian Contract Act, 1872. These include: (i) Guarantee obtained by means of misrepresentation. (ii) Guarantee obtained by means of keeping silence as to material circumstances. (iii) When a contract of guarantee is entered into on the condition that the creditor shall not act upon it until another person has joined in it as co-surety and that other party fails to join as such.

Topics: The Indian Contract Act, 1872

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