Halsbury's Laws of Canada - Guarantee and Indemnity

Halsbury's Laws of Canada - Guarantee and Indemnity

This title offers a detailed discussion of the law of guarantee, and also deals with similar forms of indemnity and related obligations.

Fournisseur LexisNexis Canada
Pays: Canada
Format Hardcover Book
Langue de publication: English
ISBN 9780433460435
Date de publication: 2010-12-31

				Prix: 280,00 $

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Guarantees are among the most common forms of security in use in commercial transactions, with vast sums of money are lent every year on the strength of guarantees. This title offers a detailed discussion of the law of guarantee, and also deals with similar forms of indemnity and related obligations. Topics covered in this essential reference include:

Creation of a guarantee
- Separate legal persons
- Capacity of the parties
- Intention to enter into a guarantee
- Privity
- Consideration
- Guarantees as executory contracts
- Certainty of terms
- Illegality and public policy
- Offer and acceptance
- Execution
- Agency
- Subject to contract
Discharge of a guarantee
- Appropriation of payments
- Fulfillment of purpose of guarantee
- Effect of rights of set off
- Accord and satisfaction
- Departure from the guarantee - the principle of strict adherence
- Bankruptcy of a surety
- Guarantees of proposals in a bankruptcy
- Compromise
- Consumer protection legislation
- Defence by counterclaim
- Discharge by dissolution of the creditor
Surety's rights as against the principal
- Right to indemnification
- Indemnification of surety - commercial bonding
- Compromise of claim on the surety
- Procedural considerations
- Bankruptcy of principal

Features

Enhanced contents

A general table of contents to the level of chapter headings
A detailed table of contents to the level of clause headings
Detailed sectional contents set out within the commentary for each chapter and section

References and abbreviations - an alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning Selected secondary sources - setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful Glossary of definitions - identifying words and phrases defined in personal property security legislation, and providing the text of the definition in each jurisdiction for easy reference. A valuable quick reference in a field marked by a wide variety of statutes promulgated across many jurisdictions

Plus:

Table of cases
Table of statutes and statutory instruments
List of related titles
Index

I. Introduction
1. Definition of the Term “Guarantee”
2. The Subject of Guarantees
3. Guarantees as Contractual Undertakings
II. Basic Principles
1. Guarantees and the Law of Contract
2. Creation of a Guarantee
3. Formalities of a Guarantee Contract
4. Interpretation of the Guarantee Contract
5. The Parol Evidence Rule
III. Assessing The Liability Of The Surety
1. Liability under a Guarantee
2. Liability under Surety Bonds
3. Non-Guarantee Indemnities
4. Liability under Near Guarantees
IV. Defences
1. Vitiating Factors
2. Discharge of a Guarantee
3. Other Defences to a Guarantee Action
4. Discharge of the Surety
5. Rescission and Repudiation
6. Faint Hope Defences
7. Contractual Waivers of Defence
V. The Rights Of A Surety
1. As Against the Creditor
2. Surety’s Rights as Against the Principal
3. Rights of a Surety Against Co-Sureties
4. Waiver of Rights
VI. Procedural Issues
1. Summary Judgment
2. Res Judicata and the Binding Effect of
3. Judgments As Against the Principal
4. Evidence of Amount Owing
5. Limitations
6. Guarantees Involving a Foreign Party
7. Enforcement of the Guarantee
8. Disclaimer of Contract in Bankruptcy or under CCAA
9. Want of Prosecution
10. Mitigation of Damages
11. Set Off

Kevin P. McGuinness, LL.B., LL.M., S.J.D.

Kevin P. McGuinness, LL.B., LL.M., S.J.D., is an Ontario lawyer of more than 30 years experience and is currently the Executive Chair of Purchasing Consultants International. His principal areas of practice include corporate commercial law and debtor-creditor remedies. Previously, he has taught law in Canada, England and Australia and worked in various legal capacities in both provincial and municipal government, private practice and as in-house counsel to major corporations. He has been a member of the Editorial Boards of the Construction Law Reports, Journal of Interdisciplinary Economics, and Journal of ADR, Mediation and Negotiation. Mr. McGuinness is the Author or Co-Author of more than 30 law books, including Canadian Business Corporations Law, 2nd Edition, Supply & Sale of Goods, Canadian Civil Procedure Law, 2nd Edition, and the Halsbury’s Laws of Canada titles Business Corporations I and II, Interim Preservation of Property Rights (with Master Linda Abrams) and Civil Procedure I and II (with Master Linda Abrams).

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