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.