A contracts with B to grow a crop of indigo on A's land and to deliver it to B at a fixed rate, and C…
Illustration (b) to section 134 holds that "C is no longer liable on his guarantee". Section 134 discharges the surety by "any act or omission of the creditor, the legal…
Choose your answer
A contracts with B to grow a crop of indigo on A's land and to deliver it to B at a fixed rate, and C guarantees A's performance. B diverts a stream of water which is necessary for the irrigation of A's land, and so prevents A from raising the indigo. B sues C on the guarantee. What is C's position?
Answer and explanation
Correct answer A
Illustration (b) to section 134 holds that "C is no longer liable on his guarantee". Section 134 discharges the surety by "any act or omission of the creditor, the legal consequence of which is the discharge of the principal debtor". B's own act prevented A's performance, so A is excused, and C goes free with him.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision