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Section 124 -The Indian Contract Act, 1872

The Indian Contract Act, 1872

 

124. “Contract of indemnity” defined

 

A contract by which one party promises to save the other from loss caused to him by the contract of the promisor himself, or by the conduct of any other person, is called a “contract of indemnity”.

 

Illustration

 

A contracts to indemnify B against the consequences of any proceedings which C may take against B in respect of a certain sum of 200 rupees. This is a contract of indemnity.

 

COMMENTS

 

Idemnity and guarantee

Acknowledgement of debt by principal debtor binds the guarantor in all respects as if he had given express consent; United Commercial Bank v. B. M. Mahadev Babu, AIR 1992 Kant 294.

 

 

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The Indian Contract Act, 1872

 

 

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