Section 128 Indian Contract Act 1872 (Surety’s liability)
Section 128 Indian Contract Act 1872
Section 128 of the Indian Contract Act 1872 is about Surety’s liability. It is under CHAPTER VIII of the Act. CHAPTER VIII is titled OF INDEMNITY AND GUARANTEE.
Surety’s liability
The liability of the surety is co- extensive with that of the principal debtor, unless it is otherwise provided by the contract.
Illustration
A guarantees to B the payment of a bill of exchange by C, the acceptor. The bill is dishonoured by C. A is liable, not only for the amount of the bill, but also for any interest and charges which may have become due on it.
See also:
Section 127 Indian Contract Act 1872 (Consideration for guarantee)