All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

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24.

A tells B, the shopkeeper, “Give Z the Goods, I will see you paid” – this contract is

A: Bailment
B: Agency
C: Guarantee
D: Indemnity

The answer is: C

Explanation

The correct option is C: Guarantee.

A guarantee is a contract in which one party (the guarantor) promises to pay or perform the obligation of another party (the principal debtor) in case of default. In this case, A is the guarantor, B is the creditor, and Z is the principal debtor. A tells B to give Z the goods and assures B that he will see him paid, which means that A is taking the responsibility of paying B if Z fails to do so. This is a contract of guarantee between A, B, and Z.

A guarantee is different from a bailment, an agency, or an indemnity. A bailment is a contract in which one party (the bailor) delivers a personal property (the goods) to another party (the bailee) for a specific purpose and upon a contract that the goods shall be returned or disposed of according to the directions of the person delivering them. In this case, there is no bailment because B does not deliver the goods to Z for a specific purpose, but for a sale. A sale is a transfer of ownership of goods from one person to another for a price.

An agency is a contract in which one party (the agent) acts on behalf of and under the control of another party (the principal) in dealing with third parties. In this case, there is no agency because A does not act on behalf of or under the control of B or Z in dealing with third parties. A acts on his own behalf and makes a promise to B.

An indemnity is a contract in which one party (the indemnifier) agrees to protect another party (the indemnified) from any loss or damage that may arise from the performance of a contract or from any other cause. In this case, there is no indemnity because A does not agree to protect B or Z from any loss or damage that may arise from the sale of the goods. A only agrees to pay B if Z fails to do so.