Court considers whether a guarantee by way of email has been signed

Pedley, Ruth
July 2006
Credit Control;2006, Vol. 27 Issue 7/8, p22
Trade Publication
The article discusses the decision of a court in Great Britain which looked at whether a guarantee by way of email had been signed with a view to establishing whether it was enforceable. It was concluded that the email had not been signed because the sender's name and email address appeared in the header information. The decision may interest creditors who may be offered a guarantee by way of email.


Related Articles

  • Creditor has duty of disclosure. Cooper, Stephanie // Accountancy;Apr95, Vol. 115 Issue 1220, p105 

    Reports on the ruling of a British lower court in the case of Levett and Others vs. Barclays Bank PLC and The Times about the duty of creditors to disclose unusual terms of an agreement unknown to surety. Case of violation of suretyship agreement; Nature of the contract of suretyship; Legal...

  • NO-FAULT -- NEW JERSEY -- ATTORNEY FEES -- SUBROGATION.  // Arbitration Journal;Jun77, Vol. 32 Issue 2, p139 

    This article presents information on a U.S. lawsuit titled Cirelli v. Ohio Causality Inc. Co. Where a New Jersey resident was injured in an accident in New York the court held that the New Jersey insurer who had issued a policy providing for personal injury protection under the New Jersey...

  • Equitable Subrogation. HOFFMAN, ALLAN L. // Florida Bar Journal;Mar2013, Vol. 87 Issue 3, p7 

    A letter to the editor is presented in response to an article focusing on the U.S. court case Palm Beach Sav. & Loan Assn. v. Fishbein, which dealt with equitable subrogation.

  • Email guarantees: When is a guarantee not a guarantee? Cowan, Stephen // Credit Management;Aug2006, p48 

    The article examines the issues surrounding a case involving the use of an e-mail as a personal guarantee for a loan. In England and Scotland, personal guarantees has to be in writing and signed by the guarantor. However, in the advent of electronic communications, it is important to know what...

  • GUARANTOR CAN'T AVOID LIABILITY BASED ON "ACCORD AND SATISFACTION" DEFENSE.  // Clarks' Secured Transactions Monthly;Sep2011, Vol. 27 Issue 9, p4 

    The article focuses on the issues in the case, Smith v. Community National Bank, which a guarantor has raised surety defenses after a secured loan had gone sour in Texas. It mentions that the guarantor had argued that the borrower and the secured lender had entered into an accord and...

  • The Surety's Right in Canceling the Suretyship under Jordan Civil Code. Owaidi, Ahmad Ali; Mahafzah, Qais Ali // European Journal of Social Sciences;Mar2011, Vol. 20 Issue 3, p499 

    This research tackles the surety's right in canceling the suretyship, where the Jordanian legislator entitles the surety to cancel the conditional or added-to-term suretyship before the debt would become due, in the absence of the creditor's claim for the due debt from the debtor despite warning...

  • KEFÄ°LÄ°N SORUMLULUÄžUNUN KAPSAMI VE 6098 SAYILI TÃœRK BORÇLAR KANUNU Ä°LE YAPILAN DEĞİŞİKLÄ°KLER. YENER, Mehmet Deniz // Journal of Financial Researches & Studies / Finansal Arastirmala;Jun2012, Vol. 3 Issue 7, p105 

    Suretyship Contract is an agreement by which surety undertakes to be liable for the results of the debtor's default to the creditor. If the surety is required to pay or perform due to the debtor's default, he/she will be entitled to be subrogated to the rights of creditor. A contract of...

  • SOME EXCEPTIONS TO THE SURETYSHIP STATUTE OF FRAUDS: A TALE OF TWO COURTS. Gegan, Bernard E. // St. John's Law Review;Spring2005, Vol. 79 Issue 2, p319 

    Discusses some exceptions to the suretyship statute of frauds in New York. Background of the Nelson v. Bonton court case; Application of debt/special assumpsit distinction to suretyship; Basic exclusions from the statute; Consideration moving from creditor to surety.

  • The forms of relationships between a principal obligor and a surety. Grin, O. S. // Current Issues of Russian Law;2011, Vol. 2011 Issue 3, p109 

    The article carries material about different forms of relationships between a principal obligor and a surety and also about its influence both on the general and secondary obligations. The author notes that the relationships between the surety and the principal obligor traditionally are not...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics