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Test: Concept of Contract of Guarantee - Judiciary Exams MCQ


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25 Questions MCQ Test Civil Law for Judiciary Exams - Test: Concept of Contract of Guarantee

Test: Concept of Contract of Guarantee for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Concept of Contract of Guarantee questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Concept of Contract of Guarantee MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Concept of Contract of Guarantee below.
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Test: Concept of Contract of Guarantee - Question 1
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What is the primary objective of a contract of guarantee as defined in the Indian Contract Act, 1872?

Detailed Solution for Test: Concept of Contract of Guarantee - Question 1
The main purpose of a contract of guarantee, as defined in the Indian Contract Act, 1872, is to promise to perform or discharge the liability of a third party in case of their default. This ensures that if the principal debtor fails to fulfill their obligation to the creditor, the surety steps in to settle the debt, emphasizing the importance of trust and financial security in such agreements.
Test: Concept of Contract of Guarantee - Question 2
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In a scenario where Party A and Party B have a contract, and Party C acts as the surety, what happens if Party B fails to pay Party A according to the contract terms?

Detailed Solution for Test: Concept of Contract of Guarantee - Question 2
If Party B fails to pay Party A according to the contract terms, Party C, acting as the surety, becomes responsible for paying the owed amount to Party A. This showcases the critical role of the surety in ensuring the fulfillment of contractual obligations and the importance of trust and financial security in such arrangements.
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Test: Concept of Contract of Guarantee - Question 3
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What is a key requirement in a contract of guarantee that ensures the surety's liability remains valid?

Detailed Solution for Test: Concept of Contract of Guarantee - Question 3
In a contract of guarantee, the presence of a debt accepted by law is crucial to uphold the surety's liability. This requirement ensures that the surety's obligation remains valid and enforceable. Without a valid debt, the surety's liability would be considered void, emphasizing the significance of the existence of debt in guarantee contracts.
Test: Concept of Contract of Guarantee - Question 4
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What is the key characteristic of a continuing guarantee as defined in Section 129 of the Indian Contracts Act, 1872?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 4
A continuing guarantee, as per Section 129 of the Indian Contracts Act, 1872, remains valid until the surety revokes it for future transactions by informing the creditor. This means that the guarantee extends to a series of transactions and does not automatically end after a single transaction. It provides ongoing coverage until explicitly revoked by the surety.
Test: Concept of Contract of Guarantee - Question 5
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In a scenario where Party A acts as a surety between B (the creditor) and C (the principal liability) for a series of transactions, what happens after the specified transactions are completed?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 5
After the specified transactions are completed, Party A, acting as the surety, has the choice to either end the guarantee or continue as the surety for future transactions between B and C. This flexibility allows Party A to decide whether to maintain their role as the surety or to terminate the guarantee arrangement based on the circumstances and agreements in place.
Test: Concept of Contract of Guarantee - Question 6
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What is the primary role of Party A in acting as a surety between B and C in a transaction?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 6
Party A acts as a surety between B (the creditor) and C (the principal liability) by guaranteeing payment to B on behalf of C in a specific transaction or series of transactions. This arrangement holds A liable if C fails to fulfill payment obligations to B. After the transactions are completed, A can choose to end the guarantee or continue as the surety for future transactions between B and C.
Test: Concept of Contract of Guarantee - Question 7
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How do contracts of indemnity differ from specific contracts of guarantee?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 7
Contracts of indemnity differ from specific contracts of guarantee in that guarantees of continuity cover a defined number of transactions stipulated in the contract. Contracts of indemnity typically focus on compensating the party for any loss incurred due to the actions of another party, while contracts of guarantee involve a surety providing assurance to the creditor regarding the debtor's obligations.
Test: Concept of Contract of Guarantee - Question 8
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What action results in the automatic revocation of a continuing guarantee concerning future transactions, as per the details provided?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 8
The automatic revocation of a continuing guarantee concerning future transactions occurs when there are alterations in the terms of the agreement between the principal debtor and the creditor without the surety's consent. Any changes made without the surety's agreement release the surety from responsibility for transactions that occur after these modifications. This emphasizes the necessity of the surety's consent in any modifications to the original terms of the agreement, ensuring their protection against unforeseen changes that could affect their liability.
Test: Concept of Contract of Guarantee - Question 9
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What is the nature of a surety's liability in a guarantee contract?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 9
In a guarantee contract, the nature of a surety's liability is described as coextensive with that of the principal debtor. This means that the surety's liability extends to the same extent as that of the principal debtor. It is essential for a surety to understand the full scope of their liability when entering into a guarantee contract.
Test: Concept of Contract of Guarantee - Question 10
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According to legal precedent, what determines the extent of a surety's liability in a guarantee contract?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 10
The extent of a surety's liability in a guarantee contract is primarily determined by the specific terms outlined in the contract itself. It is crucial for all parties involved to clearly define and understand these terms to avoid any misunderstandings or disputes in the future.
Test: Concept of Contract of Guarantee - Question 11
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According to Section 128 of The Indian Contracts Act, what is the extent of a surety's liability in a guarantee contract by default?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 11
In a guarantee contract as per Section 128 of The Indian Contracts Act, a surety's liability is coextensive with that of the principal debtor by default. This means that the surety is equally responsible for fulfilling the obligations of the contract as the principal debtor. It's essential for the surety to understand this shared liability, as it extends to all terms and conditions unless specified otherwise in the contract.
Test: Concept of Contract of Guarantee - Question 12
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In the absence of specific terms in a contract, what financial obligation does the surety typically bear?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 12
When specific terms regarding additional charges or interest are not outlined in a contract, the surety is generally responsible for paying only the amount that the principal debtor would have to pay. This emphasizes the importance of clarity in contracts to avoid misunderstandings regarding the surety's financial obligations.
Test: Concept of Contract of Guarantee - Question 13
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What is the nature of the surety's liability in contrast to that of the principal debtor?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 13
The surety's liability is secondary in nature, which contrasts with the primary liability of the principal debtor. This distinction is crucial in understanding the dynamics of surety agreements, where the surety's responsibility arises only when the principal debtor fails to fulfill their obligations. This secondary liability underscores the supportive role of the surety in guaranteeing the performance of the primary debtor.
Test: Concept of Contract of Guarantee - Question 14
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How is the duration of a surety's liability typically determined in a guarantee contract?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 14
The duration of a surety's liability is primarily determined by the terms outlined in the contract. In a specific contract, the liability of the surety persists until the completion of the specified transaction. In cases of continuing contracts, the liability extends to a series of transactions or until the surety notifies the creditor of their intent to withdraw from future transactions. Understanding the contract terms is essential for both the creditor and the surety to clarify the extent and duration of the surety's obligations.
Test: Concept of Contract of Guarantee - Question 15
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What right allows a surety to step into the shoes of the creditor after settling the debts of the principal debtor?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 15
The right of subrogation in a contract of guarantee enables a surety to step into the shoes of the creditor upon settling the debts of the principal debtor. This right allows the surety to claim back the amount paid, along with any interests or costs, from the principal debtor. It serves as a crucial protection for the surety, ensuring they can recover the funds they have paid on behalf of the debtor.
Test: Concept of Contract of Guarantee - Question 16
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What right entitles a surety to benefit from any security held by the creditor against the principal debtor at the time of entering into the surety contract?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 16
The right to securities provided by the principal debtor grants a surety the entitlement to benefit from any security held by the creditor against the principal debtor at the time of entering into the surety contract. This right ensures that the surety has a level of protection, as they can rely on these securities in case the debtor defaults on their obligations.
Test: Concept of Contract of Guarantee - Question 17
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What right does a surety have under Section 41 of the Indian Contracts Act regarding securities provided by the principal debtor?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 17
A surety, under Section 41 of the Indian Contracts Act, is entitled to benefit from any security the creditor holds against the principal debtor at the time of entering into the surety contract. This right ensures that if the creditor loses the security without the surety's consent, the surety's liability is reduced by the value of the lost security. It protects the surety's interests and helps in securing their position in case of default by the debtor.
Test: Concept of Contract of Guarantee - Question 18
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What is the significance of the right to set off in a Contract of Guarantee under the Indian Contract Act?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 18
The right to set off in a Contract of Guarantee allows the surety to deduct any amounts already paid by the principal debtor to the creditor from the surety's new liability. This right helps in ensuring that the surety is not held responsible for amounts that have already been settled by the debtor. It provides a mechanism for adjusting the surety's obligations based on payments made by the debtor, thereby preventing double payment and promoting fairness in guarantee agreements.
Test: Concept of Contract of Guarantee - Question 19
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According to the legal perspective discussed, why are sureties often regarded more favorably than principal debtors in the eyes of the law?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 19
Sureties are often viewed more favorably in the eyes of the law compared to principal debtors because of their crucial role in facilitating transactions without directly benefiting from them. This legal consideration stems from the recognition of the importance of sureties in enabling transactions to occur smoothly and reliably. Courts acknowledge the valuable function that sureties serve in ensuring the fulfillment of obligations, even though they themselves may not reap direct benefits from the transactions they guarantee.
Test: Concept of Contract of Guarantee - Question 20
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How was the sympathetic stance of the court towards sureties exemplified in the legal case of State vs Churchill?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 20
In the legal case of State vs Churchill, the sympathetic stance of the court towards sureties was exemplified by showing leniency towards the surety. This leniency can manifest in various ways, such as granting favorable terms or considering the surety's circumstances when interpreting and enforcing the obligations. By demonstrating understanding and support for sureties, the court reinforces the importance of their role in enabling transactions and upholding financial commitments.
Test: Concept of Contract of Guarantee - Question 21
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What legal principle ensures that a surety's liability aligns with that of the principal debtor unless specified otherwise in the contract?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 21
The legal principle that dictates a surety's liability to align with that of the principal debtor unless specified otherwise in the contract is known as the "Liability Alignment Principle." This principle is outlined in Section 128 of the Contract Act and serves as a foundational concept in understanding the obligations of a surety in a contract of guarantee.
Test: Concept of Contract of Guarantee - Question 22
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In what scenario can a surety be discharged from their liability according to Section 133 of the Contract Act?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 22
According to Section 133 of the Contract Act, a surety can be discharged from their liability if the creditor alters the contract terms without the surety's consent. This provision emphasizes the importance of mutual agreement in any changes made to the contractual obligations, ensuring fairness and protection for the surety in such situations.
Test: Concept of Contract of Guarantee - Question 23
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According to the provisions of the Indian Contracts Act, what happens when one surety is released by the creditor in a contract involving co-sureties?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 23
When a creditor releases one surety in a contract with co-sureties, the remaining co-sureties are still bound by their obligations and must compensate for the released surety's share of the liability. This provision ensures that the creditor's rights are protected and that the financial responsibilities of the co-sureties remain intact.
Test: Concept of Contract of Guarantee - Question 24
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According to Section 138 of the Act, what is the impact of releasing one surety by the creditor on the other sureties involved in the contract?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 24
Section 138 of the Act specifies that the release of one surety by the creditor does not release the other sureties from their obligations. This means that even if one surety is released, the remaining sureties are still bound by the terms of the contract and are obligated to fulfill their responsibilities.
Test: Concept of Contract of Guarantee - Question 25
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In what scenario can a surety limit their liability according to Section 128 of the Indian Contract Act?
Detailed Solution for Test: Concept of Contract of Guarantee - Question 25
According to Section 128 of the Indian Contract Act, a surety can limit their liability by restricting it to a specific amount in a contract. This provision allows sureties to define the extent to which they are willing to be held financially accountable in case the principal debtor fails to fulfill their obligations.
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