Contract 2 Abstract
Contract 2 Abstract
Contract 2 Abstract
CONTRACT LAW - II
SYNOPSIS OF PROJECT
Name of Student: Mridul Prateek Singh
Re!"t#at!on num$e#: 2013070
To%!& of P#o'e&t: Role of surety in guarantee
T(%e of Re)!e*: In the present context the method folloed is secondary re!ie as all sorts of
information ha!e "een collected from secondary sources#
L!te#atu#e Re)!e*: $he primary literature re!ieed hile doing this pro%ect is a study of the
Indian &ontract 'ct( 1)72
Rea"on" fo# "e+e&t!n t,!" to%!&: $he reason "ehind doing this case analysis is "ecause of
getting a clear outlook of the role of surety this triparted *three ay contract+ contract
here in this surety has the contract ith "oth Principal de"tor and &reditor hat are its
duties toard "oth of them ho do he perform its part in different situation and ho
could the surety discharge its duties toard ith "oth principal de"tor and creditor#
S&o%e of t,e P#o'e&t: $his paper tends to study Section from 12,-1.7 different role of
surety
Ma!n !""ue" to $e dea+t *!t,: $he main issues that are to "e dealt in this pro%ect are the
lia"ilities and responsi"ilities of a surety in a contract of guarantee ith principle de"tor(
creditor( co-surety and discharge of duties of all those including his right ith others as ell#
S%e&!a+ "!n!f!&an&e of t,e %#o%o"ed to%!&: special significance of surety rights and duties in
the contract of guarantee a"out he discharge his orks according to different condition as per
the contract
Re"ea#&, Met,odo+o(: $he method of /octrinal Research has "een folloed#
A-STRACT
The Indian Contract Act, 1872 is one piece of legislation in India that has never been changed in
the recent times and is still a good law that holds in the 21
st
century but this time we will put
emphasis on the contract of guarantee with the role of sureties in the threeway agreement
Contract of guarantee is basically consist of the creditor, the principal debtor and the surety There
are three contracts in a contract of guarantee !irstly, the principal debtor himself ma"es a
promise in favour of the creditor to perform the promise etc
1
#econdly, the surety underta"es to be
liable towards the creditor if the principal debtor ma"es a default
2
Thirdly, an implied promise by
the principal debtor in favour of the surety that in case the surety has to discharge the liability of
the default of the principal debtor, the principal debtor shall indemnify the surety for the same
$
%hen a borrower and a guarantor both sign an agreement in favour of a ban", they are &ointly and
severally liable under that contract
'
Thus how the role of surety comes in the e(istence in this
tripartite contract