Distinguish between the following: Continuing Guarantee and Counter Guarantee.

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2019
Distinguish between the following: Continuing Guarantee and Counter Guarantee.

Answer & Explanation:

Continuing Guarantee Section 129 of the Indian Contract Act, 1872 lays down that a guarantee which extends to a series of transaction is called a Continuing Guarantee, and according to section 130, a continuing guarantee may be revoked by the surety at any time as to future transactions, by notice to the Creditor. A Continuing guarantee may be revoked at any time by the guarantor in respect of future transactions, unless there is a continuing consideration as to the transactions that the guarantor does not give up. Counter Guarantee A Guarantee given by the principal debtor to the surety providing him indemnity against any loss or damage that the surety may suffer on account of default on the part of the principal debtor is called 'Counter Guarantee'.

Topics: Indian Contract Act, 1872

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