• Multiple Personalities Of Surety

    Author(s):
    Saurabh Uttam Kamble
    Contributor(s):
    IJLLR (see profile)
    Date:
    2023
    Subject(s):
    Law
    Item Type:
    Article
    Permanent URL:
    https://doi.org/10.17613/h4h2-1723
    Abstract:
    In contrast to the law of indemnity, the Indian Contract Act, of 1872 codifies the law of guarantee in great detail. In particular, the Act very thoroughly establishes the position of the "Surety" under the contract of guarantee. When it comes to the role of the "surety" under the guarantee contract, many of the clauses relating to it are so intermingled with one another that they require a holisticinterpretation. The character of ‘surety’ undergoes ‘multiple personalities’ in the legal system very considerably, and the law recognizes this multifaceted personality of the ‘surety’ through very precise rules. Judicialinnovation, in addition to the codified law, is what supports the surety's multifaceted identity. This paper identifies and critically appraises those characters of the surety defined under the Indian Contract Act, of 1872 in addition to judicial creativity which supports these multiple personalities.
    Metadata:
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    Published as:
    Journal article     Show details
    Pub. DOI:
    https://doi-ds.org/doilink/06.2023-77834989/A148
    Publisher:
    Indian Journal of Law and Legal Research
    Pub. Date:
    2023
    Journal:
    Indian Journal of Law and Legal Research
    Volume:
    5
    Issue:
    3
    Page Range:
    1665 - 1673
    ISSN:
    2582-8878
    Status:
    Published
    Last Updated:
    5 months ago
    License:
    Attribution
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