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CS Executive · Jurisprudence, Interpretation and General Laws · Contract Law

Kiran orally tells a bank, 'If Anil fails to repay the loan you give him, I will pay it.' The bank lends to Anil. Which statement is correct under the Indian Contract Act, 1872?

The guarantee is valid. Section 126 says a contract of guarantee may be either oral or written, so Kiran's oral promise to discharge Anil's liability on his default binds him as surety even without any writing.

  1. AThe guarantee is invalid because a guarantee must be in writing
  2. BThe guarantee is valid, since a guarantee may be oral or writtenCorrect
  3. CThe guarantee is valid only if Anil also signs it
  4. DThe guarantee is invalid because Kiran is not the debtor

Explanation

Section 126 states that a guarantee may be either oral or written. Kiran is the surety, Anil the principal debtor and the bank the creditor. Writing is not required, so the first option is wrong.

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