Hambros Bank (Jersey) Limited v Eves and Eves [1994] JCA 111 (02 June 1994)
- Citation
- [1994] JCA 111
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil Appeal / Judgment
More details
- Posture
- Civil Appeal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the guarantee was valid and enforceable, and the respondents were liable under its terms.
Court disposition
appeal allowed
Orders
- Respondents held liable under the guarantee
- Applicant entitled to recover sums due under the guarantee
02
Material facts
Parties
Hambros Bank (Jersey) Limited
ApplicantEves and Eves
RespondentAmounts and remedies
- Amount Guaranteed: 0
03
Procedural history
Posture
Civil Appeal / Judgment
04
Questions and positions
Legal issues
Whether the respondents are liable under the guarantee to the applicant bank
Party arguments
- Applicant
- The applicant contends that the respondents are liable under the terms of the guarantee executed in favour of the bank.
- Respondent
- The respondents argue that they are not liable under the guarantee due to alleged defects or misrepresentations.
05
Court’s reasoning
Legal principles
- 01
general contract law
A guarantee is enforceable according to its terms unless vitiated by misrepresentation or other legal defect.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the guarantee was valid and enforceable, and the respondents were liable under its terms.
Court disposition
appeal allowed
- Respondents held liable under the guarantee
- Applicant entitled to recover sums due under the guarantee
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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