Section 129 - Continuing guarantee : Indian Contract Act
What is Continuing guarantee? Section 129 of Indian Contract Act
Section 129 of Indian Contract Act 1872 : "Continuing
129. A guarantee which extends to a series of transactions is
called a "continuing guarantee".
(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 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
(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 not 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.