Can a guarantor relieve the creditor of the effect of common law requirement?
Saskatchewan, Canada
The following excerpt is from Bank of Nova Scotia v. Saskatoon Leatherland Ltd. et al., 1985 CanLII 2839 (SK QB):
The guarantor by the terms of the guarantee signed by him can relieve the creditor of the effect of this common law requirement. Bauer v. Bank of Montreal (1980), 1980 CanLII 12 (SCC), 32 N.R. 191; 33 C.B.R. (N.S.) 291 (S.C.C.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for common law common law spouses in common law relationships? (Saskatchewan, Canada)
Is a common law search power incidental to arrest an exception to the ordinary requirements for a reasonable search? (Saskatchewan, Canada)
Does the common law common law discharge an endorser for not receiving notice of dishonour? (Saskatchewan, Canada)
Can a contract be set aside in equity because of a common misapprehension as to the effect of the terms agreed upon? (Saskatchewan, Canada)
What is the effect of a covenant requiring a mortgagee not to sell or lease a property for a month? (Saskatchewan, Canada)
What common law is the common law with respect to domestic animals? (Saskatchewan, Canada)
Is a builder required to be a guarantor of the suitability of the plans and specifications provided by the architect and engineer to the owner? (Saskatchewan, Canada)
Is there any difference between s. 3 and 10 of the tortfeasors section of the s.10 of the S.16(2) of the common law common law? (Saskatchewan, Canada)
What is the effect of requiring payment to a defendant in a personal injury case? (Saskatchewan, Canada)
What is the effect of an agreement where an agent is required to pay a commission to a potential buyer of a property if the property is purchased directly or indirectly? (Saskatchewan, Canada)
