Law · Indian Contract Act, 1872
Statement 1: Under a contract of guarantee, the surety has the right of subrogation, which means that upon payment of the guaranteed debt or performance of all that he is liable for, the surety is invested with all the rights which the creditor had against the principal debtor. This protection is provided by Section 141 of the Indian Contract Act 1872. Statement 2: The principal debtor is under an implied obligation to indemnify the surety for all sums rightfully paid under the guarantee, as stipulated in Section 145 of the Act. However, the surety cannot recover from the principal debtor any sums that were paid 'wrongfully'. Statement 3: Any variance in the terms of the contract between the principal debtor and the creditor, made without the surety's consent, discharges the surety as to transactions subsequent to the variance according to Section 133. Which of the following statements summarizes the overall legal protection offered to a surety under the Indian Contract Act 1872?
- 1Statement 2 is incorrect because co-sureties are always released if one is released.
- 2Statement 3 is incorrect because a surety is never discharged by variance.
- 3Statement 1 and Statement 2 are correct.
- 4Statement 1, Statement 2, and Statement 3 are correct.✓
Correct answer
Statement 1, Statement 2, and Statement 3 are correct.
Download Single Question PDF
Save this question and verified answer as a clean study sheet with live clickable link.
Share with Friends & Study Groups
Challenge your peer aspirants on WhatsApp or Telegram to solve this question!
Preparing for Law?
Practice full-length mock tests with real exam timers, instant score analysis, and all-India ranking.
Want more practice questions on Indian Contract Act, 1872?
Solve complete topic-wise tests with detailed solutions on GkGet.
Related Practice Questions
Recommended practice questions in Law · Indian Contract Act, 1872