New Guarantee Trust of Jersey Ltd v Brain [1980] JRC 002 (01 January 1980)
- Citation
- [1980] JRC 002
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the guarantee was enforceable as it complied with the relevant statutory requirements under Jersey law.
Court disposition
judgment for applicant
Orders
- Respondent to pay the amount guaranteed to the applicant
02
Material facts
Parties
New Guarantee Trust of Jersey Ltd
ApplicantBrain
RespondentAmounts and remedies
- Guaranteed Amount: 0
03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
Whether the guarantee provided by the respondent is enforceable under Jersey law
Party arguments
- Applicant
- The applicant contends that the guarantee executed by the respondent is valid and enforceable, seeking recovery under its terms.
- Respondent
- The respondent argues that the guarantee is not enforceable due to alleged deficiencies in execution or compliance with Jersey law.
05
Court’s reasoning
Legal principles
- 01
Jersey contract law
A guarantee must comply with statutory requirements to be enforceable.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the guarantee was enforceable as it complied with the relevant statutory requirements under Jersey law.
Court disposition
judgment for applicant
- Respondent to pay the amount guaranteed to the applicant
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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