LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mohamed Shakeel (Proprietor)     07 January 2014

Gurantor's consideration

Sir in a Bank Loan when third party guarantee is given, what is the consideration from the Borrower to the Guarantor?. If this is absent will there be a discharge of surety?. If the Guarantor's property is sold by the Creditor and the Guarantor invokes Indemnity right will it stand without a valid agreement with consideration between the Borrower and Guarantor?



 2 Replies

narendra.s.p (Chief Manager(Law))     08 January 2014

127 of Contract Act:.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.

SHIRISH PAWAR, 7738990900 (Advocate)     08 January 2014

There is a implied indemnity specific agreement is not required.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register