RJS EVENING BATCH

 RJS EVENING BATCH 

1.A,B and C are sureties to D for sum of 1000 rupees lent to E and there is a contract  between A,B and C that A is responsible to the extent one quarter,B is responsible for one quarter and C is responsible for one and half .if E makes in default . explain liability of A ,B and C with appropriate sections.


This problem is related with section 146 of Indian Contract act.according this section the co surety are liable to contribute equally .if there is no contrary contract is made .here any contrary contract is exist 

Then A will pay 250 rs ,B will pay 250 and C will pay 500 rs according the section 146 of Indian Contract Act.












2.C advances to B his tenant 2000/ rupees and n the guarantee of  A .C has further security for 2000/ by a mortgage of B's furniture.C cancel the mortgage .B becomes insolvent .C sues on A for money . explain liability of A under appropriate section.

This situation  is related with  section 141 of Indian Contract Act .according this section surety has right to benefit of creditors 's securities.here creditor had securities for 2000/ but  he had parted with that securities .so surety can take advantage of this situation .he can discharge till limit 2000/ 








3.A puts M as apprentice to B and gives guarantee to B for M fidelity .B promises to A that will check accounts in once a month.B omits to check accounts as he had promised .M embezzled in accounts.B sued on A . explain liability of A  in this situation.


Solution ----this problem is related with section 139 of indian Contract Act .here surety can be discharged if creditor does any act or omit owing to surety 's eventual remedy is impaired .then surety is discharged.her creditor omit his duty to observe account so principal debtor M embezzled .so according section 139 surety is discharged in above situation 








4.C contracts to lend B 5000/ on 1 st march .A guarantees to repayment . C pays 5000/ rupees to B on 1 st january.if B does not repay this amount . explain liability of A in this situation . explain this problem with appropriate section


This section related with section 133 of Indian Contract Act b.according this section  if terms and conditions are changed without consent of surety .then surety will be discharged.here creditor had given money on 1 January instead of 1 march without consent of surety .so the surety is discharged due to variance in terms and conditions of contract of guarantee.










5.if any guarantee has been taken by misrepresentation or concealment of fact .how will it affect contact of guarantee ?

Explain with appropriate land mark case ?


If any guarantee is taken by misrepresentation or concealment of facts .then according section 142 and section 143 such guarantee is invalid . such guarantee is taken regarding material part of contract 

Landmark case .

In this case  a person had already embezzled in a office .but this fact had been concealed .he had been reappointed .the employee had embezzled again .in this situation according section 142 and 143 surety is discharged from his liability.









5.if there are three sureties A,B and C to creditor D for E .if D discharge A from his liability . explain liability of others  under proper section..in same situation they will become surety to a bank .but A do not reach bank  due to some reasons .can bank take guarantee of other persons.explain the situation with proper section 


This situation is related with section 138 here D discharge surety A then other co sureties are not discharged from creditor .in this situation surety A is not discharged from other co sureties .


The second problem is related with section 144 . according this section if  A will not give his guarantee due any other reason then creditor will not act unless any other co sureties joins 








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