Legislative Dictionary - C
Judicial Dictionary
Legislative Dictionary
Continuing Guarantee
Category | C |
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Title | Continuing Guarantee |
Details | A guarantee which extends to a series of transactions is called a "continuing guarantee." Illustrations (a) A, in consideration that B will employ C in collecting the rent of B's Zamindari, promises B to be responsible, to the amount of 5,000 taka forthe due collection and payment by C of those rents. This is a continuingguarantee. (b) A guarantees payment to B, a tea-dealer, to the amount of £ 100 forany tea he may from time to time supply to C. B supplies C with tea to above the value of £ 100, and C pays B for it. Afterwards B supplies C with tea to the value of £ 200. C fails to pay. The guarantee given by A was a continuing guarantee, and he is accordingly liable to B to the extent of £ 100. (c) A guarantees payment to B of the price of five sacks of flour to be delivered by B to C and to be paid for in a month. B delivers five sacks to C. C pays for them. Afterwards B delivers four sacks to C, which C does not pay for. The guarantee given by A was not a continuing guarantee, and accordingly he is not liable for the price of the four sacks. [See section 129, the Contract Act, 1872 (Act No. IX of 1872)]. |
Created On | June 1, 2011, 2:09 PM |
Hits | 330 |