Zusammenfassung der Ressource
Limited or Conditional Liability
- Hobson v. Bass
- A surety can attach any
condition to his liability.
- Liability only arises if
this condition is met.
- Traill v. Gibbons
- Whether the obtaining of a
collateral security is a term of
condition precedent is to be
determined by a proper analysis
of the contractual relationship.
- Ward v. National Bank of New Zealand Ltd
- When the sureties are severally
liable, the creditor can release one of
them, without releasing the others.
- Greer v. Kettle
- Guarantee was only for a debt
which was secured by a charge
on 275,000 shares.
- Since there was no such
security, it was an attempt to
impose a liability that was
never undertaken.