O'Shea -v- Lynch [2009] IEHC 308 (19 March 2009)
The guarantee is clear, not ambiguous, not limited to the third plaintiff, and does not require a demand for liability to arise. The plaintiffs are entitled to recover the sum claimed.
- Citation
- [2009] IEHC 308
- Parties
- Plaintiff: Crohan O'Shea; Plaintiff: Sean Fitzpatrick; Plaintiff: O'Shea Homes Limited; Defendant: Matt Lynch
- Jurisdiction
- Ireland
- Judgment Date
- 19 March 2009
- Procedural Posture
- Civil / Judgment
- Outcome
- Judgment for the plaintiffs
- Legal Topics
- Guarantee, Debt Recovery, Lease Covenants
Case Brief
Summary, issues, holding and outcome
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Parties
Crohan O'Shea
Plaintiff
Sean Fitzpatrick
Plaintiff
O'Shea Homes Limited
Plaintiff
Matt Lynch
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the defendant is liable under a guarantee for the debts of Lynch Freight (Kilmallock) Limited
- 2 Whether the guarantee is ambiguous or limited to the third plaintiff
- 3 Whether a demand was necessary for liability under the guarantee
Ratio Decidendi
The guarantee is clear, not ambiguous, not limited to the third plaintiff, and does not require a demand for liability to arise. The plaintiffs are entitled to recover the sum claimed.
Court Disposition
Judgment for the plaintiffs
Orders
- Defendant to pay €94,814.41 to the plaintiffs
Full Case Text
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