What is the test for making a demand on a guarantor?
British Columbia, Canada
The following excerpt is from Jones v. Aurora Equipment Inc., 1982 CanLII 670 (BC SC):
In Bank of Montreal v. MacGregor (1980), 21 B.C.L.R. 83 (S.C.), the requirements of such a demand are discussed by Legg J. Where, as here, such a demand is required, there must be an imperative request requiring the guarantor, rather than merely the principal debtor, to pay.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a guarantor's position that a bank's breach of the 23rd June Agreement with the company's guarantors makes the guarantee void? (British Columbia, Canada)
Is a breath demand written by a police officer not an official sanctioned wording for breath demands? (British Columbia, Canada)
What is the limitation period for making a demand? (British Columbia, Canada)
Does a prohibition of making a demand be revoked? (British Columbia, Canada)
Can a defendant make an application for a summary determination of the litigation immediately upon being advised of the making of an interim order? (British Columbia, Canada)
What is the test for making a demand under Rule 7-1(11)? (British Columbia, Canada)
What is the test for determining whether a Minister made an unreasonable or unjust decision in making a decision not to seek assurances that the likely penalty would not make the surrender unjust or oppressive? (British Columbia, Canada)
Is it improper for a director to make a call on some members of a class of shareholders without making a similar call on all other members of that class? (British Columbia, Canada)
Is there any case law where a lender under a demand mortgage can introduce evidence that they intended to demand repayment at the time of the borrower's death? (British Columbia, Canada)
Can a personal representative of the deceased's estate make a claim under s. 151(3) of the BC Supreme Court of Justice for personal representative leave to continue to pursue his claim? (British Columbia, Canada)
