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Mind map

Bank Guarantee

Rohit Beerapalli Law of Contracts B.A. LL.B. Student (2nd Year) English

Mind map on bank guarantee: absolute undertaking to pay, independence from underlying transaction and key case law

Mind map: bank guarantee

Map content

Bank Guarantee

  1. Absolute undertaking to pay an amount, whenever demanded by guarantee-holder.

    • Independent of underlying transaction.
  2. Maharashtra SEB v. Official Liquidator, Ernakulam

    • A guarantee was submitted on behalf of a supplier who had deposited securities.
      • The only condition was a demand from the board, which was met.
        • Held that bank could not be stopped from paying, and then reimbursing itself from the securities.
          • If enforcement would depend on an inquiry, the purpose of a bank guarantee would be defeated.
  3. Hindustan Steelworks Construction Ltd. v. Tarapore & Co.

    • A bank guarantee is an independent and distinct contract between the bank and the beneficiary.
      • Not qualified by the underlying transaction and primary contract.
    • In case of unconditional bank guarantee, liability of bank is absolute.
      • Not dependent on dispute or proceeding between beneficiary and the other party.
    • Commitments from banks need to be honoured without interference from the courts.
      • Courts interfere only in exceptional cases, where irretrievable injustice would be done if guarantee was encashed.
        • Example - Fraud
          • ex turpi causa non oritur actio
            • Fraud unravels all.
  4. Itek Corporation v. First National Bank of Boston

    • In order to claim the exception because of fraud, evidence must be clear about the fraud, and the knowledge of the bank.
    • It must be impossible for the guarantor to reimburse himself.
    • Mere apprehension that the other party will not be able to pay is not enough.
  5. Dai-Ichi Karkaria Ltd v. ONGC

    • Law cannot allow a guarantee to be claimed by unscrupulous methods.
    • Bank had used undue influence to make petitioner drop conditions from bank guarantee, the court did not allow enforcement.

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