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TITLE. Repealed · CHAPTERVIII OF INDEMNITY AND GUARANTEE

Section 127: Consideration for guarantee

The Indian Contract Act, 1872

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.

Questions on this section

1 question in 2 of our papers cite Section 127. Try these from the free papers:

  1. 1. A sells and delivers goods to B on credit. Later, C requests A to forbear from suing B for the price for one year, and promises that if A does so, C will pay in default of payment by B. A agrees and forbears. B defaults. Under Section 127 of the Indian Contract Act, 1872, C's promise is:

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