Indian Contract Act — Section 127
Consideration for guarantee.—Anything done, or any promise made, for the benefit of the
127. 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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Follow cited cases · Browse courts and years · Research topics
Judgments citing Section 127
- Meduri Sri Venkata Bhaskara Satyanarayana Murthy v. State Bank of Mysore, Rajahmundry Branch
- Meduri Sri Venkata Bhaskara Satyanarayana Murthy v. State Bank of Mysore, Rajahmundry Branch & Ors.
- Meduri Sri Venkata Bhaskara Satyanarayana Murthy v. State Bank of Mysore, Rajahmundry Branch
- M/S POYSHA OXYGEN PVT. LTD. v. SH. ASHWINI SURI & OTHERS
- M/S POYSHA OXYGEN PVT. LTD. v. SH. ASHWINI SURI & OTHERS
- Paramjit Singh Ahuja v. Punjab State Financial Industrial Development Corporation Limited & Ors.
- There is no dispute that & Anr. v. The State Trading Corporation of India Limited Corporation of India Limited (AIR & Ors.
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