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    Saturday, 26 December 2015

    Continuing Guarantee and it’s Revocation

    1. Introduction
    Literally guarantee means a formal promise or assurance that certain conditions will be fulfilled. As assurance that certain conditions will be fulfilled. As far as contract law is concerned, such kind of guarantee is usually established through a contract of guarantee. Under contract law, guarantee can be classified into different kinds. One of its kinds one is continuing guarantee.

    2. Definition
    Continuing guarantee can be defined as a guarantee, which extends to a series of continuing transactions. Generally, indefinite numbers of transactions are dealt in continuing guarantee. Such guarantee can be in respect of future transactions, which is to be conducted during fixed period of time.

    3. Revocation of Continuing Guarantee

    A continuing guarantee can be revoked in any of the following ways:

    i. Through Notice
    At any time, a continuing guarantee about future transactions can be revoked by the surety by notice to the creditor. Following points are important as far as revocation of continuing guarantee through notice is concerned:

    a. Time of Notice
    No specific time has been provided under contract act for giving notice in respect of revocation of continuing guarantee. Therefore, such notice can be given at any time.

    b. Manner to Give Notice
    Contract law provides no specific manner for giving a notice about revocation of continuing guarantee. Therefore, it is left for parties to choose the manner for giving such notice.

    c. Notice by Surety
    It is essential that notice about revocation of continuing guarantee should be given by surety.

    d. Notice to Creditor
    It is also necessary that notice about revocation of continuing guarantee should be given to creditor.

    f. Future Transactions
    As far as revocation of continuing guarantee through notice is concerned, an important point is that guarantee should be about future transaction.

    ii. Through Death
    Continuing guarantee can be revoked by death of surety. Following points are important as far as revocation of continuing guarantee through death is concerned.

    a. Future transaction
    As far as revocation of continuing guarantee through surety’s death is concerned, an important point is that guarantee should be about future transaction.

    b. Nature of Guarantee-Contract
    Revocation of continuing guarantee through surety’s death greatly depends upon nature of guarantee-contract. If it is incorporated into guarantee-contract that continuing guarantee will be revoked with the death of surety, then continuing guarantee is revoked at the surety’s death. Contrary to this, if such condition is not incorporated into the guarantee-contract, then continuing guarantee remains continued even after death of surety.

    c. Obligations f Representatives of Deceased Surety
    When continuing guarantee remains continued after death of surety, representatives of deceased surety are under obligation to fulfill obligation of deceased surety.

    Conclusion

    To conclude, it can be stated that continuing guarantee can be revoked either through notice to creditor or though surety’s death only when guarantee is about some future transaction. In absence of guarantee about some future transaction, continuing guarantee cannot be revoked through notice to creditor or though surety’s death.
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    Item Reviewed: Continuing Guarantee and it’s Revocation Rating: 5 Reviewed By: Usman Ali
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