Guarantee obtained by concealment invalid
Chapter 9: Of indemnity and guarantee
Any guarantee which the creditor has obtained by means of keeping silence as to material circumstances, is invalid.
Illustrations.
(a)A engages B as clerk to collect money for him. B fails to account for some of his receipts, and A in consequence calls upon him to furnish security for his duly accounting. C gives his guarantee for B‟s duly accounting. A does not acquaint C with B‟s previous conduct. B afterwards makes default. The guarantee is invalid. (b)A guarantees to C payment for iron to be supplied by him to B to the amount of 2,000 tons. B and C have privately agreed that B should pay five rupees per ton beyond the market price, such excess to be applied in liquidation of an old debt. This agreement is concealed from A. A is not liable as a surety.
The Indian Contract Act, 1872 (Act No. 9 of 1872). From the updated text on India Code, with later amendments. Being checked against the official copy; amendment notes are not shown yet.
Related sections
- 140Rights of surety on payment or performance
- 141Surety‟s right to benefit of creditor‟s securities
- 142Guarantee obtained by misrepresentation invalid
- 144Guarantee on contract that creditor shall not act on it until co-surety joins
- 145Implied promise to indemnify surety
- 146Co-sureties liable to contribute equally