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A sells and delivers goods to B. C afterwards requests A to forbear to sue B for the debt for a year,…

Illustration (b) to section 127 holds that A's forbearance "is a sufficient consideration for C's promise". Section 127 allows "Anything done, or any promise made, for the…

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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 A does so, C will pay for the goods in default of payment by B. A agrees and forbears as requested. Is C's promise binding?

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Correct answer D

Illustration (b) to section 127 holds that A's forbearance "is a sufficient consideration for C's promise". Section 127 allows "Anything done, or any promise made, for the benefit of the principal debtor" to be consideration to the surety, so the benefit need not go to C. The earlier delivery does not matter here, because C's promise is supported by the fresh forbearance; it is only a bare later promise with nothing in return, as in illustration (c), that is void.

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