Guarantees
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Guarantees not executed as deeds were enforceable as contracts instead
Guarantors were companies and guarantees were signed by a single director, without being witnessed
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Bank of India v Riat
Guarantee – Misrepresentation – Economic duress – Defendant providing two guarantees with claimant bank – Guarantees securing facilities for company owned by defendant and son – Claimant seeking to enforce…
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Bank of India v Riat
JUDGMENT . 1.This judgment is in seven parts:Part 1Introduction§1-5Part 2The issues§6-10Part 3: The witnesses§11-17Part 4: Globepark Development Limited and the search for facilities§18-38Part 5:Misrepresentation§39-54Part 6: Economic duress§55-71Part 7: Conclusion§72-73.
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Porter Capital Corporation v Masters
Guarantee Enforcement
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Porter Capital Corporation v Masters
Debt – Guarantee – Enforcement – Claimant seeking to enforce guarantee in respect of debts owed by company — Whether defendant guarantor liable for all company’s debts to claimant –…
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PP 2013/133
Guarantees
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Harvey v Dunbar Assets plc
Guarantees Liability
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Harvey v Dunbar Assets plc
Guarantee – Liability of guarantor – Appellant one of four intended guarantors under composite joint and several guarantee document – Respondent serving statutory demand in reliance on guarantee – One…
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Close Brothers Ltd v Ridsdale and others
Guarantees; Liability
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Close Brothers Ltd v Ridsdale and others
Personal guarantee – Liability – Defendants guaranteeing liability of company under loan facility to fund property development – Facility agreement expiring – Facility period extended to cover funding of first…
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Unicomp Inc v Eurodis Electron plc
Lease of commercial premises — Claimant guaranteeing tenant’s obligations — Defendant undertaking to indemnify claimant — Assignment of lease without landlord’s consent — Whether landlord’s acceptance of new occupant releasing…