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Guranteed "guaranteed" Deutsch Übersetzung

Englisch-Deutsch-Übersetzungen für guaranteed im Online-Wörterbuch hofseweide.online (​Deutschwörterbuch). Lernen Sie die Übersetzung für 'guaranteed' in LEOs Englisch ⇔ Deutsch Wörterbuch. Mit Flexionstabellen der verschiedenen Fälle und Zeiten ✓ Aussprache. Übersetzung Englisch-Deutsch für guaranteed im PONS Online-Wörterbuch nachschlagen! Gratis Vokabeltrainer, Verbtabellen, Aussprachefunktion. guaranteed Bedeutung, Definition guaranteed: 1. if a product is guaranteed, the company that made it promises to repair it, change it, or return. Übersetzung im Kontext von „guaranteed“ in Englisch-Deutsch von Reverso Context: maximum guaranteed, guaranteed access, guaranteed quantity.

Guranteed

Guaranteed (dt. garantiert) ist ein von Eddie Vedder, dem Sänger von Pearl Jam, geschriebenes Lied aus der Filmmusik von Into the Wild von Es ist das. Englisch-Deutsch-Übersetzungen für guaranteed im Online-Wörterbuch hofseweide.online (​Deutschwörterbuch). Übersetzung für 'guaranteed' im kostenlosen Englisch-Deutsch Wörterbuch von LANGENSCHEIDT – mit Beispielen, Synonymen und Aussprache.

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It may therefore be available to support a defense to an action, and money paid under it cannot be recovered.

An indemnity is not a guarantee within the statute, unless it contemplates the primary liability of a third person. It need not, therefore, be in writing when it is only a promise to become liable for a debt if the person to whom the promise is made should become liable.

Neither does the statute apply to the promise of a del credere agent to make no sales on behalf of his principal except to persons who are absolutely solvent, and renders the agent liable for any loss that may result from the non-fulfilment of his promise.

A promise to give a guarantee is within the statute, though not one to procure a guarantee. The general principles which determine what are guarantees within the statute of frauds are: 1 the primary liability of a third person must exist or be contemplated; [19] 2 the promise must be made to the creditor; 3 there must be no liability by the surety independent of an express promise of guarantee; 4 the main object of the parties to the guarantee must be the fulfilment of a third party's obligation; [20] and 5 the contract entered into must not amount to a sale by the creditor to the promiser of the security for a debt or of the debt itself [21].

As regards the kind of note or memorandum of the guarantee that will satisfy the statute of frauds, "no special promise to be made, by any person after the passing of this act, to answer for the debt, default or miscarriage of another person, being in writing and signed by the party to be charged, or some other person by him thereunto lawfully authorized, shall be deemed invalid to support an action, suit or other proceeding, to charge the person by whom such promise shall have been made, by reason only that the consideration for such promise does not appear in writing or by necessary inference from a written document.

The memorandum need not be contemporaneous with the agreement itself. In the United States, but not apparently elsewhere, there is a distinction between a surety and a guarantor.

A surety is usually bound with the principal, at the same time and on the same consideration , while the contract of a guarantor is his own separate undertaking and the guarantor is not liable until due diligence has been exerted to compel the principal debtor to make good any default.

There is no privity of contract between a surety and the principal debtor. Rather, the surety contracts with the creditor and is not jointly liable to the creditor.

In India a guarantee may be either oral or written [26] while in Australia , Jamaica and Sri Lanka it must be in writing. According to various existing civil codes , a suretyship, when the underlying obligation is "non-valuable", is null and void unless the invalidity is the result of personal incapacity of the principal debtor [28] In some countries, however, the mere personal incapacity of a minor to borrow suffices to eliminate the guarantee of a loan made to him [29] The Egyptian codes sanction guarantees expressly entered into "in view of debtor's want of legal capacity" to contract a valid principal obligation [30] The Portuguese code retains the surety's liability, in respect of an invalid principal obligation, until the latter has been legally rescinded [31].

According to several codes civil sureties are divided into conventional, legal and judicial, [32] while the Spanish code further divides them into gratuitous and for valuable consideration.

The German code civil requires the surety's promise to be verified by writing where he has not executed the principal obligation. In England the common-law requisites of a guarantee are the same as any other contract.

The mutual assent of two or more parties, competency to contract and valuable consideration. If a surety's assent to a guarantee has been procured by fraud by the person to whom it is given, there is no binding contract.

Fraud may consist of suppression, concealment or misrepresentation. However, only facts that are really material to the risk undertaken need be spontaneously disclosed.

The ordinary disabilities are those of minors. In some guarantees the consideration is "entire". For example, in consideration for a lease being granted, the surety becomes answerable for the performance of the covenants of the lease.

In other cases it is "fragmentary" or supplied from time to time, as where a guarantee is given to secure the balance of a running account at a bank, for goods supplied [41] When the consideration is "entire", the guarantee runs on through the duration of the lease and is irrevocable.

When the consideration is "fragmentary", unless the guarantee stipulates to the contrary, the surety may at any time terminate his liability under the guarantee.

Total failure of consideration or illegal consideration by the party giving a guarantee will prevent its being enforced.

Though in all countries the mutual assent of two or more parties is essential to the formation of any contract, [42] a consideration is not everywhere regarded as a necessary element.

The liability incurred by a surety under his guarantee depends upon its terms, and is not necessarily coextensive with that of the principal debtor.

It is, however, obvious that the surety's obligation cannot exceed that of the principal. Where the liability of the surety is less extensive in amount than that of the principal debtor, questions have arisen in England and America as to whether the surety is liable only for part of the debt equal to the limit of his liability, or, up to such limit, for the whole debt.

Moreover, in the case of a joint and several guarantee by several sureties, unless all sign it none are liable thereunder.

In cases of doubtful import, recourse to parol evidence is permissible, to explain, but not to contradict, the written evidence of the guarantee.

As a general rule, the surety is not liable if the principal debt cannot be enforced. It has never been actually decided in England whether this rule holds good in cases where the principal debtor is a minor and on that account is not liable to the creditor.

It is not always easy to determine for how long liability under a guarantee endures. Sometimes a guarantee is limited to a single transaction, and is obviously intended to be security against one specific default only.

On the other hand, it as often happens that it is not exhausted by one transaction on the faith of it, but extends to a series of transactions, and remains a standing security until it is revoked, either by the act of the parties or by the death of the surety.

It is then termed a continuing guarantee. No fixed rules of interpretation determine whether a guarantee is a continuing one or not, but each case must be judged on its individual merits.

Frequently, in order to achieve a correct construction, it becomes necessary to examine the surrounding circumstances, which often reveal what was the subject matter which the parties contemplated when the guarantee was given, and what was the scope and object of the transaction between them.

Most continuing guarantees are either ordinary business securities for advances made or goods supplied to the principal debtor or else bonds for the good behavior of persons in public or private offices or employment.

With regard to the latter class of continuing guarantees, the surety's liability is, generally speaking, revoked by any change in the constitution of the persons to or for whom the guarantee is given.

Before the surety can be rendered liable on his guarantee, the principal debtor must have made default. When, however, this has occurred, the creditor, in the absence of express agreement to the contrary, may sue the surety, without informing him of such default having taken place before proceeding against the principal debtor or resorting to securities for the debt received from the latter.

In those countries where the municipal law is based on the Roman law , sureties usually possess the right which may, however, be renounced by them of compelling the creditor to insist on the goods, etc.

In England, however, before any demand for payment has been made by the creditor on the surety, the latter can, as soon as the principal debtor has made default, compel the creditor, on giving him an indemnity against costs and expenses, to sue the principal debtor if the latter is solvent and able to pay.

However, this beneficium divisionis , as it is called in Roman law, is recognized by many existing codes. The usual mode in England of enforcing liability under a guarantee is by action in the High Court or a County Court.

It is also permissible for the creditor to obtain redress by means of a set-off or counterclaim , in an action brought against him by the surety.

On the other hand, the surety may now, in any court in which the action on the guarantee is pending, avail himself of any set-off which may exist between the principal debtor and the creditor.

Moreover, if one of several sureties for the same debt is sued by the creditor or his guarantee, he can, by means of a third-party complaint, claim contribution from his co-sureties towards the common liability.

Independent proof of the surety's liability under his guarantee must always be given at the trial. The creditor cannot rely on admissions made by or a judgment or award against the principal debtor.

A person liable as a surety for another under a guarantee possesses rights against the person to whom the guarantee was given. As regards the surety's rights against the principal debtor, where the guarantee was made with the debtors consent but not otherwise, [62] after he has made default, be compelled by the surety to exonerate him from liability by payment of the guaranteed debt.

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