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GUARANTEE
SRIVATSAN SRIDHAR
19BFS053
BCOM FS-∏
GUARANTEE
A contract of guarantee is a contract to
perform the promise made or discharge
the liability, of a third person in case of
his default.
THREE PARTIES
• SURETY – PERSON WHO GIVES THE GUARANTEE
• PRINCIPLE
DEBTOR – PERSON IN RESPECT OF
WHOSE DEFAULT GUARANTEE IS GIVEN,
• CREDITOR – PERSON TO WHOM THE GUARANTEE IS
GIVEN
EXAMPLE
• When A requests B to lend Rs.10000 to C and
guarantees to repay the amount within the agreed time
and that on C failing to do so, he (A) will himself pay
to B, there is a contract of guarantee
• Here, B is the creditor, C the principal debtor and A the
surety
.
Agrees to pay, if P.D defaults
CREDITOR SURETY
Primary Secondary
contract contract
PRINCIPAL
DEBTOR
CASE STU D Y
• CAS E (T HE S T AT E BAN K O F S AU R AS T R A VS CH IT R AN J AN ,1980)