Indian Contract Act, 1872
127. Consideration for guarantee
Anything done, or any promise made, for the benefit of the
principal debtor, may be a sufficient consideration to the surety for giving
the guarantee.
Illustrations
(a) B requests A to sell and deliver to him goods on credit. A
agrees to do so, provided C will guarantee the payment of the price of the
goods. C promises to guarantee the payment in consideration of A's promise to
deliver the goods. This is a sufficient consideration for C's promise.
(b) A sells and delivers goods to B. C afterwards requests A to
forbear to sue B for the debt for a year, and promises that, if he does so, C
will pay for them in default of payment by B. A agrees to forbear as requested.
This is a sufficient consideration for C's promise.
(c) A sells and delivers goods to B.A afterwards, without
consideration, agrees to pay for them in default of B. The agreement is void.