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Section 129 of Indian Contract Act

“Continuing guarantee”.— A guarantee which extends to a series of transactions, is called a “continuing guarantee”.

Illustrations

(a) A, in consideration that B will employ C in collecting the rent of B’s zamindari, promises B to be responsible, to the amount of 5,000 rupees, for the due collection and payment by C of those rents. This is a continuing guarantee.

(b) A guarantees payment to B, a tea-dealer, to the amount of £100, for any tea he may from time to time supply to C. B supplies C with tea to above the value of £100, and C pays B for it. Afterwards, B supplies C with tea to the value of £200. C fails to pay. The guarantee given by A was a continuing guarantee, and he is accordingly liable to B to the extent of £100.

(c) A guarantees payment to B of the price of five sacks of flour to be delivered by B to C and to be paid for in a month. B delivers five sacks to C. C pays for them. Afterwards B delivers four sacks to C, which C does riot pay for. The guarantee given by A was not a continuing guarantee, and accordingly he is not liable for the price of the four sacks.


Continuing Guarantee

A continuing guarantee is a promise that covers many transactions over a period of time, not just one single deal.

Examples

(a) A tells B: “If you give C a job to collect rent, I will be responsible up to ₹5,000 if C does not pay properly.” This is a continuing guarantee because it applies to all rent collections done over time, not just one instance.

(b) A tells B (a tea seller): “If you supply tea to C, I will guarantee payment up to £100 for any tea you give from time to time.”

  • First, B supplies tea worth more than £100, and C pays fully.
  • Later, B again supplies tea worth £200, but this time C does not pay.

A’s guarantee still applies because it is continuing. So, A must pay up to £100 to B.

(c) A tells B: “I guarantee payment for 5 sacks of flour that you will give to C.”

  • B gives 5 sacks → C pays for them.
  • Later, B gives 4 more sacks → C does not pay.

The guarantee was only for those first 5 sacks, not for future supplies. So, this is not a continuing guarantee. A is not responsible for the 4 extra sacks.

In Short

  • Covers many or repeated transactions → Continuing guarantee
  • Covers only one specific deal → Not a continuing guarantee

Varun Kumar Jha

Varun Kumar Jha is a Legal Researcher and the founder of LLB Varun. The content is written and reviewed by , a dedicated legal author with an LL.B. background from Karnataka State Law University (KSLU). You can review and verify the statutory language directly within the Ministry of Home Affairs Official Gazette Document. 🌐 Connect: LinkedIn | Contact Editor.

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