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| | GUARANTEE - LoveToKnow Article on GUARANTEE (Site not responding. Last check: 2007-10-26) |
 | | If, therefore, persons wrongly suppose that a third person is liable to one of them, and a guarantee is given on that erroneous supposition, it is invalid ab initio, by virtue of the lex contracti2s, because its foundation (which was that another was taken to be liable) has failed (per Willes, J, in Mountstephen v. |
 | | In some countries, however, the mere personal incapacity of a son under age to borrow suffices to vitiate the guarantee of a loan made to him (Spain, 1824; Portugal, 822, S.2, 1535, 1536). |
 | | By many existing codes civil, however, a guarantee which imposes on the surety a greater liability than that of the principal is not thereby invalidated, but the liability is merely reducible to that of the principal (Fr. |
| www.1911ency.org /G/GU/GUARANTEE.htm (2905 words) |
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