Section 127 – THE INDIAN CONTRACT ACT, 1872

Consideration for guarantee

Anything done, or any promise made, for the benefit of the principal debtor, may be a sufficient consideration to the surety for giving the guarantee.
Illustrations
(a) B requests A to sell and deliver to him goods on credit. A agrees to do so, provided C will guarantee the payment of the
price of the goods. C promises to guarantee the payment in consideration of A‟s promise to deliver the goods. This is a sufficient
consideration for C‟s promise.
(b) A sells and delivers goods to B. C afterwards requests A to forbear to sue B for the debt for a year, and promises that, if
he does so, C will pay for them in default of payment by B. A agrees to forbear as requested. This is a sufficient consideration for
C‟s promise.
(c) A sells and delivers goods to B. C afterwards, without consideration, agrees to pay for them in default of B. The
agreement is void.

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Practice area's of B K Goyal & Co LLP

Company Registration Services in major cities of India

Complete CA Services

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