What are the separate obligations of a purchaser in a chattel mortgage?

Alberta, Canada


The following excerpt is from Meridian Developments Ltd. v. Nu-West Group Ltd., 1984 ABCA 75 (CanLII):

The separate obligations are, in my opinion, easier to see in this case than were the two promises in Krook v. Yewchuk. In this case there are three parties. The creditor has a covenant from the principal debtor in one document on which its remedy is restricted by the statute; it has a separate covenant from the guarantor contained in another document. In Krook v. Yewchuk there were only two parties. The same person, the debtor, made the two covenants but separated them into two documents. The guarantor’s covenant in this case is more clearly a separate obligation than was the purchaser’s covenant in the chattel mortgage in Krook v. Yewchuk.

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