26 Feb 1986
CARRIER HONG KONG LIMITED FORMERLY KNOWN AS CARICOR (HK) LIMITED v. MONARCH ENGINEERING LIMITED AND OTHERS
- Citation
- CARRIER HONG KONG LIMITED FORMERLY KNOWN AS CARICOR (HK) LIMITED v. MONARCH ENGINEERING LIMITED AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA858/1984
The covering letter (A20) did not modify, qualify or prevent formation of the signed guarantee (A21); the guarantee was returned signed and accepted by the Plaintiff, creating a binding, irrevocable guarantee. The 3rd Defendant is therefore liable under the guarantee for the net sum due. Estoppel was unnecessary to found liability and, on the facts, could not be sustained because there was no mutual assumption that defeated the guarantee.