In the previous portion of this study we discussed the enforceability of oral promises by a third party to pay a debt created simultaneously with or subsequently to the promise. In the present installment we propose to examine the enforceability of an oral promise to pay aRiesenfeld, Stefan A...
Suretyship and the Statutue of Frauds: A Survery of the Minnesota LawSCOPE AND PURPOSE OF THE INQUIRY tT HE YEAR 1677 marks a very important although probably ITnot altogether propitious event in the history of Anglo-American law. In that year the celebrated Statute of Frauds was enacted, ...
My thanks to Bob Beck for first introducing me to SMCRA and for his helpful review of this article in earlier drafts, to Julie Richmond for helpful research in the first partBurke, BarlowS.ill.u.l.jReclaiming the Law of Suretyship. Burke,Barlow. S.Ill.ULJ . 1996...
Doli Gcneralis: An Obituary' (1988) 1(05 SALJ 644; Carole Lewis 'Demise of the Exceptio Doll:Is there Another Route to Contraclual Equity?' (1990) 107 SALJ 26: Pretorius op cit note 2 at 85;SWJ van der Merwe, GF Lubbc & LF van Huyssteen 'The Exceptio Doll GeneralisForsyth, Cf...
"But it is the settled law of by the Supreme Court of North Carolina in relation of the statute of thatstate is as follows: "To give this effect to the act The latter is nevertheless liable to contribute."Even the failure of one surety to plead the statute as a defense to an action...
I. Introduction The aim of this article is to describe a transformation in the law of suretyship and to draw out its implications. Specifically, it addresses the infiltration of the" bargaining doctrine" into the law of suretyship, a law which had previously been governed byPaglin, Orna S...
Through the discussion of the rights of the surety, or secondary obligor, under the recent Restatement, the authors provide some basic information and understanding of suretyship law. cc Suretyship [is] a hoary and distinctive body of law"'The legal concept ofBae, Frank S. H...
Suretyship and Contracts - Suretyship by Operation of Law - Effect of Release of Principal Debtor with Reservation of Rights against Surety - Discharge of a Liquidated Debt by Payment of a Lesser SumW.res.l.notes
1. Lucius Annaeus Seneca, De Consolatione ad Helviam, in 2 SENECA: MORAL ESSAYS 436(John limits in context of Standby Letters of Credit); Peter A. Alces, An Essay on Independence pre-revision case, in which the Louisiana Supreme Court strictly applied article 1803 toMiguel, Nadia San...
Accommodating Spouses: Regulation B and Revised Article 3 - The Suretyship Law ComplicationCongress enacted the Equal Credit Opportunity Act in 1974 to insure fairness and impartiality in the extension of credit. Congress found that economic stability and competition among financial institutions would be ...