Contract of Indemnity and Guarantee (03.08.2020)

Q. Every contract of guarantee is a contract of indemnity, but every  contract of indemnity is not a  contract of guarantee. (15) 

Answer Approach:

Introduction: Give a brief explanation of the statement in 1-2 lines.

• Main body: Define contract of indemnity and lay down its essentials. Define contract of guarantee and lay down its essentials. Then explain the first part of the statement – how CoG consists of different contracts and which of them are in the nature of CoI. Then for the second part of the statement – focus on the essentials of the CoG which are not fulfilled by a CoI. Make use of illustrations in order to prove your arguments.

Conclusion: Sum up the answer with at least one new description of the statement of the question.

• Tip for students: Students often answer only one part of the statement, usually the first half. This would leave your answer incomplete. Thus, both parts of the statement need to be dealt with.

Students please note: 

  • You need to upload your answers in the Comments section under the questions. Students are advised to upload clear photos of handwritten answers.
  • To maximise your benefit from this free answer writing exercise, try to read other students’ answers and jot down important pointers. This way you shall not only learn from the good aspects of others’ answers but also from their mistakes. You are encouraged to review each other’s answers for mutual benefit and help in building a supportive Law Optional Preparation Community

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