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Halsbury's Laws of Canada – Guarantee and Indemnity (2022 Reissue)

This title offers a detailed discussion of the law of guarantee, and also deals with similar forms of indemnity and related obligations.
Publication Language: English
Book
$325.00
Quantity

Hardcover | 736 pages

In Stock
Published: May 11, 2022
ISBN/ISSN: 9780433518082

Product description

Begin updating your law library today!

$135* per volume (ISBN: 9780433454946) OR purchase individual volumes at $325 each.

For more information or to place an order please contact us.

*Per volume with commitment to purchase the entire 72-volume set.

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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
    • Privity
    • Consideration
    • Guarantees as executory contracts
    • Certainty of terms
    • Illegality and public policy
    • Offer and acceptance
    • Execution
    • Agency
    • 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
    • Compromise
    • 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
    • Defences
  • Surety's rights
    • Against the creditor
    • Against the principal
    • Against co-sureties
    • Waiver
  • Procedural issues
 

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Table of contents

I. Introduction

II. Basic Principles

III. Assessing the Liability of the Surety

IV. Defences

V. The Rights of a Surety

VI. Procedural Issues