Encyclopaedia Britannica, 11th Edition, "Groups, Theory of" to "Gwyniad": Volume 12, Slice 6Various
Science
Encyclopaedia Britannica, 11th Edition, "Groups, Theory of" to "Gwyniad": Volume 12, Slice 6
Various
Encyclopedias and dictionaries
In the former case, the moment the lease is granted there is
nothing more for the lessor to do, and such a guarantee as that of
necessity runs on throughout the duration of the lease and is
irrevocable. In the latter case, however, unless the guarantee
stipulates to the contrary, the surety may at any time terminate his
liability under the guarantee as to _future_ advances, &c. The
consideration for a guarantee must not be _past_ or _executed_, but on
the other hand it need not comprise a direct benefit or advantage to
either the surety or the creditor, but may solely consist of anything
done, or any promise made, for the benefit of the principal debtor. It
is more frequently _executory_ than _concurrent_, taking the form either
of forbearance to sue the principal debtor, or of a future advance of
money or supply of goods to him.
By the Indian Contract Act 1872, sect. 127, it is provided that the
consideration for a guarantee may consist of anything done or any
promise made for the benefit of the principal debtor by the creditor.
Total failure of the consideration stipulated for by the party giving a
guarantee will prevent its being enforced, as will also the existence of
an illegal consideration. Though in all countries the mutual assent of
two or more parties is essential to the formation of any contract (see
e.g. Codes Civil, Fr. and Bel. 1108; Port. 643, 647 et seq.; Spain,
1258, 1261; Italy, 1104; Holl. 1356; Lower Canada, 984), a consideration
is not everywhere regarded as a necessary element (see Pothier's _Law of
Obligations_, Evans's edition, vol. ii. p. 19). Thus in Scotland a
contract may be binding without a consideration to support it (Stair i.
10. 7).
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account