In the law of guarantee, what does describing a surety as a “favoured debtor” mean?
In State of Maharashtra v. Dr. M. N. Kaul, the Supreme Court used the description when explaining that a surety’s liability depends on the undertaking as properly construed.…
Choose your answer
In the law of guarantee, what does describing a surety as a “favoured debtor” mean?
Answer and explanation
Correct answer B
In State of Maharashtra v. Dr. M. N. Kaul, the Supreme Court used the description when explaining that a surety’s liability depends on the undertaking as properly construed. Section 128 makes the liability co-extensive by default, subject to the guarantee’s terms.
Option feedback
Option A
The description does not impose an exhaustion requirement. Direct enforcement remains available according to the guarantee’s terms.
Option B
The description concerns the scope of the undertaking. A surety is bound only to what the guarantee, properly construed, covers.
Option C
The phrase establishes no half-share cap. The contractual undertaking determines the extent of liability.
Option D
The description confers no power to change an existing undertaking unilaterally.
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 -
Karnataka Judicial Services
-
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