Hambros Bank (Jersey) Limited v Eves [1995] JCA 174 (08 September 1995)
- Citation
- [1995] JCA 174
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Appeal / Judgment
More details
- Posture
- Appeal / Judgment
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Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the guarantee was valid and enforceable against the respondent, and no sufficient defence was established to defeat the applicant's claim.
Court disposition
appeal allowed
Orders
- The respondent is ordered to pay the amount due under the guarantee to the applicant bank.
02
Material facts
Parties
Hambros Bank (Jersey) Limited
ApplicantEves
RespondentAmounts and remedies
- Amount Due Under Guarantee: 0
03
Procedural history
Posture
Appeal / Judgment
04
Questions and positions
Legal issues
Whether the respondent is liable under the guarantee provided to the applicant bank
Party arguments
- Applicant
- The applicant contends that the respondent is liable under the terms of the guarantee and seeks enforcement of the same.
- Respondent
- The respondent argues that the guarantee is not enforceable against them due to alleged defects or defences.
05
Court’s reasoning
Legal principles
- 01
Common law principles of contract and guarantee
A guarantee is enforceable according to its terms unless vitiated by fraud, misrepresentation, or other legal defences.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the guarantee was valid and enforceable against the respondent, and no sufficient defence was established to defeat the applicant's claim.
Court disposition
appeal allowed
- The respondent is ordered to pay the amount due under the guarantee to the applicant bank.
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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