Distinguish between the following: 'Continuing guarantee' and 'counter guarantee'.

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2016
Distinguish between the following: 'Continuing guarantee' and 'counter guarantee'.

Answer & Explanation:

Section 129 of the Indian Contract Act, 1872 lays down that a guarantee which extends to a series of transactions 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 guaranty may be revoked at any time by the guarantor in respect to future transactions, unless there is a continuing consideration as to the transactions that the guarantor does not give up. A guarantee given by the principal debtor to the surety providing him indemnity against any damage that the surety may suffer on account of default on the part of the principal debtor is called 'counter guarantee'. Counter Guarantee is given by Banks normally on behalf of their customers to a third party. There are two types of Guarantee- Performance Guarantee and Financial Guarantee.

Topics: Indian Contract Act, 1872

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