Indian Contract Act, 1872

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Section 143

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.

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