<\/strong><\/p>\n\n\n\n\u201cA contract\nof guarantee is a contract to perform the promise or discharge the liability of\nthe defaulting party in case he fails to fulfill his promise.\u201d<\/p>\n\n\n\n
PARTIES TO CONTRACT OF GUARANTEE<\/strong><\/p>\n\n\n\nThere are three parties to the contract of guarantee:<\/strong><\/p>\n\n\n\n <\/figure>\n\n\n\nSurety:<\/strong> A surety is a person giving a guarantee in a\ncontract of guarantee. A person who takes responsibility to pay a sum of money,\nperform any duty for another person in case that person fails to perform such\nwork.<\/p>\n\n\n\nPrincipal\nDebtor: <\/strong>A principal debtor is a\nperson for whom the guarantee is given in a contract of guarantee.<\/p>\n\n\n\nCreditor:<\/strong> The person to whom the guarantee is given is known\nas the creditor.<\/p>\n\n\n\nEXAMPLE:<\/strong> Mr.\nX advances a loan of 25000 to Mr. Y and Mr. Z promise that in case Mr. Y fails\nto repay the loan, then he will repay the same. In this case of a contract\nof guarantee, Mr. X is a Creditor, Mr. Y is a principal debtor and Mr. Z is a\nSurety.<\/p>\n\n\n\nCASE\nSTUDY<\/strong><\/p>\n\n\n\nIn P.J. Rajappan v Associated Industries (1983)<\/em> the\nguarantor, having not signed the contract of guarantee, wanted to wriggle out\nof the situation. He said that he did not stand as a surety for the performance\nof the contract. Evidence showed the involvement of the guarantor in the deal\nand had promised to sign the contract later. The Kerala High Court held that a\ncontract of guarantee is a tripartite agreement, involving the principal\ndebtor, surety and the creditor. In a case where there is evidence of the\ninvolvement of the guarantor, the mere failure on his part in not signing the\nagreement is not sufficient to demolish otherwise acceptable evidence of his\ninvolvement in the transaction leading to the conclusion that he guaranteed the\ndue performance of the contract by the principal debtor. When a court has to\ndecide whether a person has actually guaranteed the due performance of the\ncontract by the principal debtor all the circumstances concerning the\ntransactions will have to be necessarily considered.<\/p>\n\n\n\n