Which section of the Indian Contract Act, 1872 provides that the liability of the surety is coextensive with that of the principal debtor, unless the contract provides otherwise?
- A.Section 124
- B.Section 126
- C.Section 128
- D.Section 130
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Explanation
The correct answer is C, section 128. It lays down that the surety's liability is coextensive with that of the principal debtor unless it is otherwise provided by the contract, which is why a bank that gives an unconditional guarantee can be called upon for the whole amount without the creditor first exhausting its remedies against the customer.
Option A, section 124, defines a contract of indemnity, in which one party promises to save the other from loss caused by the promisor's own conduct or the conduct of any other person; indemnity and guarantee are related but distinct. Option B, section 126, is the definition of the contract of guarantee itself and of the three parties to it, which makes it the closest wrong answer. Option D, section 130, deals with the revocation of a continuing guarantee by the surety for future transactions by notice to the creditor. Remember the run of sections: 124 indemnity, 126 guarantee, 128 coextensive liability, 130 revocation of a continuing guarantee.