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In forceUpdated to 1 Jan 2006
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Part VIII · Of Indemnity and Guarantee

80. Consideration for guarantee

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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.

(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. C afterwards, without consideration, agrees to pay for them in default of B. The agreement is void.

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