Mam i have questions.. Yes contract with minor is void ab initio but The principal debtor could be a minor so surety is liable na?? And if principal debtor is dead surety will pay. The who will pay back to surety on behalf of principal debtor bcz surety thodi na charity krne baitha hai
1) Minor's contract is void. As per Section 11 of the Indian Contract Act and the case of Mohari bibi vs. Dharam Das Ghosh, The effect of an action being void is that it is considered to be nonexistent from the beginning. It is nonexistent for every body including who stands to benefit from it also. The contract to which a minor is a party, cannot be enforced even by or on behalf of the minor or anyone else. So here surety will not be liable as surety can raise his defense that the contract is void ab initio. 2) In case of death of Principal debtor- The surety was held to be not discharged. The surety may restrict his liability in the agreement. He can do this by expressly declaring his guarantee to be limited to a fixed amount. In such a case the surety cannot be liable for any amount beyond what is stated in the agreement. 3) And last, isiliye aksar ye kaha jaata h ki surety jara soch samajke hi bano😉😄
I recommend you to check this Contract Law Playlist and I liked your questions...please stay tuned🥰🙏ua-cam.com/play/PLUr7N-h5WwZ4cvKCwaTlPnsLwtmxdRfUW.html&si=Fzsf7KlBNdMsI2ha
No it's not necessary to write about discharge of surety in this question of Nature and Extent of Surety... You may also follow the sequence as shown in the video..Thank You🥰🙏
Revocation by Death: Section 131 of ICA provides for the revocation of continuing guarantee for the continuing transactions. In case of the surety’s death, he is released from his liability and his legal heirs will not be liable for the transactions, either continuing or in future. However, they will be liable if so is provided in the contract of guarantee.
Contract of Guarantee is where the liablity of Surety is of collateral nature and not primary. But when Principal Debtor is a minor, he will not be liable definitely. For eg- when the debt of a minor has been guaranteed, the contract of guarantee becomes void. so the question is- The debt being void, is the surety is liable? This was decided in the case of "Coutts and Co. Vs Browne Lecky" and it was held that no liability should be incurred by/on the surety
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8:36 in the case of??...
Ni bataya 😆😂
I think its narsimha aiah vs k.s.f corporation
Do check once agsin
Bank of Bihar Ltd . v. Damodar Prasad (1969)
Superb lecture 👌🙏
Thank you Sakshi 😊
Very useful man🎉❤
And thnxx yuu so much for good lecture & explanation
You're most welcome 🥰🙏
Thank you so much 😊😊😊
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Case laws v mention krti to jada acha rhta
Thank You madam🥰🙏
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Good lect ❤❤
Thank you mam☺️🙏
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9point apne glt explain Kiya hai chahe principal debtor minor ho fir bhi surety ko pay krna hi padta hai
Nhi bhai minor k saath contact hamesha void ab initio hota hai in any condition.
Mam please tell me in which case....... In the case of.....??
I guess so that the name of case is narsimha aiah vs k.s.f corporation
Mam i have questions..
Yes contract with minor is void ab initio but
The principal debtor could be a minor so surety is liable na??
And if principal debtor is dead surety will pay. The who will pay back to surety on behalf of principal debtor bcz surety thodi na charity krne baitha hai
1) Minor's contract is void. As per Section 11 of the Indian Contract Act and the case of Mohari bibi vs. Dharam Das Ghosh,
The effect of an action being void is that it is considered to be nonexistent from the beginning. It is nonexistent for every body including who stands to benefit from it also.
The contract to which a minor is a party, cannot be enforced even by or on behalf of the minor or anyone else. So here surety will not be liable as surety can raise his defense that the contract is void ab initio.
2) In case of death of Principal debtor-
The surety was held to be not discharged. The surety may restrict his liability in the agreement. He can do this by expressly declaring his guarantee to be limited to a fixed amount. In such a case the surety cannot be liable for any amount beyond what is stated in the agreement.
3) And last, isiliye aksar ye kaha jaata h ki surety jara soch samajke hi bano😉😄
I recommend you to check this Contract Law Playlist and I liked your questions...please stay tuned🥰🙏ua-cam.com/play/PLUr7N-h5WwZ4cvKCwaTlPnsLwtmxdRfUW.html&si=Fzsf7KlBNdMsI2ha
Agar principal debtor is minor than contact void or voidable
It is void👍
Thanks alot mam
👌👌
I am new student of ur channel
Plz mam btado
Nature and extent of surety ki discharge of extext surety bhi likhna h kya question m ja nhi
No it's not necessary to write about discharge of surety in this question of Nature and Extent of Surety...
You may also follow the sequence as shown in the video..Thank You🥰🙏
mam is ppt ko pls aap share krsakte hein??
Mam case law ke sath bataya karen
Mam ye question hi important h n plz btado indemenity and gurantee chapter m c
1 indeminitu holder right
Nature and extent of surety liable
Yes this question is very important...you must prepare it💯 All the best 👍🙌
Mam ek doubt th agr surety ki death hogyii toh or uski liabilities bhtt ho tb kya hoga
Revocation by Death: Section 131 of ICA provides for the revocation of continuing guarantee for the continuing transactions. In case of the surety’s death, he is released from his liability and his legal heirs will not be liable for the transactions, either continuing or in future. However, they will be liable if so is provided in the contract of guarantee.
13:18 uske purta 😂😂 you are marathi 🎉
🤭😉
But in case of guarantee of a minor is surety liable or not because I read this in the book that the surety will be held liable it's confusing
Contract of Guarantee is where the liablity of Surety is of collateral nature and not primary. But when Principal Debtor is a minor, he will not be liable definitely.
For eg-
when the debt of a minor has been guaranteed, the contract of guarantee becomes void. so the question is- The debt being void, is the surety is liable? This was decided in the case of "Coutts and Co. Vs Browne Lecky" and it was held that no liability should be incurred by/on the surety
@@SimplifyLaw22 thr guarantee given for minor's debt is **ENFORCEABLE**
🤌