C O N T E N T S

ACKNOWLEDGMENT (±-iil)

CHAPTER-I INTRODUCTION 1-25

purpose and Scope

CHAPTER-II NATURE AND ESSENTIALS OF THE

CONTRACT OF GUARANTEE 26- 91
History of guarantee
Definition of guarantee
Indian position
principal debt
consideration
Misrepresentation
Fidelity guarantee
Difference between Insurance
and guarantee
Difference between guarantee
and indemnity

CHAPTER-III COtMTINUING GUARAI'n?EE ITS NATURE

REVOCATION ETC. 92-122
Revocation of a continuing guarantee
Revocation of a continuing guarantee
by surety•s death
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CHAPTER-IV SURETY AS A FAVOURED DEBTOR — ITS

ECONOMIC RATIONALE. EXPLANATION
AND EXCEPTIONS 123-155

Voidness
Bankruptcy or liquidation of debtor
Statute of Limitation
Contracting out
Bank Guarantee

CHAPTER- V DISCHARGE OF A SURETY 156-224

Variance
Material Alteration
Immaterial Alteration
Release or discharge of principal
debtor
Discharge of principal debtor
by operation of law
Act or Omission of the Creditor
Omission to sue the principal
debtor within limitation
Composition
Agreement to give time
Reservation of Right
Mere Forbearance
Imparing surety's Remedy
Losing or parting with the security.
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CHAPTER- Vl LETTERS OF CREDIT AND PERFORMANCE

GUARANTEES 225-291

Purpose and Functions

Nature of letters o^ credit
Kinds of letters of credit
Documents in letters of credit
transactions
Bank/Performance guarantee
Purpose and Functions
Nature of Liability

CHAPTER-VII BANK GUARANTEE AND INJUNCTIONS 292-341

General
Indian position

CHAPTER-VIXI CONTRACT OF GUARANTEE AND FREEDOM

TO CONTRACT OUT 342-363

CHAPTER- I X CONCLUSIOI? 364-391

Suggestions and Recommendations

APPENDIX-I Provisions of Sections 124 to 147

of the Indian Contract Act» 1872 (i-xtl)

APPENDIX-II QUESTIONNAIRE AND REPLIES RECEIVED (1-xlU)

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APPENDIX- I I I 1 3 t h REPORT OF LAW COMMISSION OF

INDIA ( RELEVAI'IT PORTION ) ( 1-x )

APPENDIX - IV SOME SPECIMEN OF GUARANTEE DEEDS ( 1-xxxxvli)

TABLE OF CASES ( i-xvlli )

B I B L I O G R A P H Y ( i»xv )

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