Business LawTU Board 2081 (old course)

Define contract of guarantee. GROUP: B Descriptive Answer Questions 5 × 10 = 50

2

Answer

A secondary contract where one party (Surety) promises to paLegal Basis: Section 126, Contract Act 2074 (2017)DefinitionOwes the debt/obligation to the creditor.1. Principal DebtorPerson to whom the debt is owed.2. CreditorGuarantees the debt/obligation of the principal debtor.3. SuretyMust exist between creditor and principal debtor (not necess4. ConsiderationKey Parties & ElementsContract of Guarantee
Hierarchical breakdown of a Contract of Guarantee with legal and party-specific details.

A contract of guarantee is a secondary contract under which a person (surety) undertakes to pay a debt or perform an obligation of another person (principal debtor) in case of their default. It is governed by Section 126 of the Contract Act, 2074 (2017). The contract involves three parties: the principal debtor (who owes the debt), the creditor (to whom the debt is owed), and the surety (who guarantees payment). The guarantee must be supported by consideration between the creditor and the principal debtor. It ensures the creditor’s security by providing an alternative party (surety) to recover the debt if the principal debtor fails to fulfill their obligation. The surety’s liability arises only upon the principal debtor’s default.

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