Halsbury's Laws of Canada – Guarantee and Indemnity (2022 Reissue)
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Guarantees are among the most common forms of security in use in commercial transactions, and 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:
- Guarantees and the law of contract
- Creation of a guarantee
- Separate legal persons
- Capacity of the parties
- Intention to enter into a guarantee
- Guarantees as executory contracts
- Certainty of terms
- Illegality and public policy
- Offer and acceptance
- Subject to contract
- Formalities and interpretation of a guarantee contract
- Parol evidence rule
- 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
- Bankruptcy of a surety
- Guarantees of proposals in a bankruptcy
- Consumer protection legislation
- Defence by counterclaim
- Discharge by dissolution of the creditor
- Liability of the surety
- Under a guarantee
- Under surety bonds
- Non-guarantee indemnities
- Under near guarantees
- Surety's rights
- Against the creditor
- Against the principal
- Against co-sureties
- Procedural issues
Table of contents
II. Basic Principles
III. Assessing the Liability of the Surety
V. The Rights of a Surety
VI. Procedural Issues