Law of indemnity and guarantee. INDEMNITY, GUARANTY AND WARRANTY: A COMPARATIVE ANALYSIS by Abimbola Laoye 2022-10-20
Law of indemnity and guarantee
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A SWOT analysis is a tool used to evaluate the strengths, weaknesses, opportunities, and threats of a business or organization. In the newspaper industry, a SWOT analysis can be used to identify the key factors that are affecting the industry and to develop strategies for success.
Strengths:
- Strong brand recognition: Many newspapers have long histories and strong reputations, which can give them an advantage over newer competitors.
- Strong relationships with advertisers: Newspapers often have long-standing relationships with local businesses and organizations, which can provide a steady stream of advertising revenue.
- Strong local focus: Newspapers are often closely tied to their local communities, which can help them attract and retain readers.
Weaknesses:
- Declining circulation: The newspaper industry has been struggling with declining circulation in recent years, as more and more readers switch to online sources for their news.
- Limited reach: Newspapers are often only available in print form, which limits their reach to those who live within the circulation area.
- Limited ability to monetize online content: While many newspapers have an online presence, they have struggled to monetize their online content in the same way that they do with print advertisements.
Opportunities:
- Increased use of digital platforms: As more people consume news online, newspapers have the opportunity to expand their reach through digital platforms such as websites and social media.
- Niche markets: Newspapers can also look for opportunities to target niche markets, such as by offering specialized content or targeting specific demographics.
- Diversification: Newspapers can also explore new revenue streams, such as by offering events, subscriptions, or other products or services.
Threats:
- Competition from other media: Newspapers face competition from other forms of media, such as television, radio, and online news sources.
- Advertiser consolidation: As advertisers consolidate, they may have more bargaining power, which could lead to lower ad rates for newspapers.
- Economic downturns: Economic downturns can lead to decreased advertising revenue, as businesses cut back on spending.
In conclusion, the newspaper industry is facing a number of challenges, including declining circulation and limited ability to monetize online content. However, there are also opportunities for newspapers to expand their reach through digital platforms and to diversify their revenue streams. By conducting a SWOT analysis, newspapers can identify their strengths and weaknesses, and develop strategies to capitalize on opportunities and mitigate threats.
Contract of Indemnity: Meaning, Concept and Nature
A cannot recover from B more than the price of the rice actually supplied. If the parties intend to include unforeseen losses, and to exclude the duty to mitigate, such agreement must be expressly stated in the contract. Release of one co-surety does not discharge others. Indemnity is not limited to cases of 5. However, where the indemnity is for a general breach of contract by the indemnifier, the default position is that rules relating to remoteness of loss and an obligation to mitigate will apply.
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Difference Between Indemnity and Guarantee (with Example and Comparison Chart)
When a person gives a guarantee or promises to another person, that person will become liable if the original commitment such as the payment of money or to performance of an obligation is not performed. The commitment is an auxiliary one, reflexive in character. It would be prudent for a surety to consult his co-sureties before making any payment to the creditor. The issuer of the performance guarantee has primary liability, unlike a surety, who has collateral liability. He can only sue Moreshwar Madan. Difference between indemnity and guarantee A contract of indemnity has two parties: the indemnifier and the indemnified. But in contract of indemnity, indemnifier is a primary one.
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INDEMNITY, GUARANTY AND WARRANTY: A COMPARATIVE ANALYSIS by Abimbola Laoye
Under a contract of indemnity, liability of the promisor arises from loss caused to the promisee by the conduct of the promisor himself or by the conduct of other person. In Punjab National Bank case, there was no risk involved, but there is an existing duty to pay off debts as mentioned in the sections governing guarantee. Misrepresentation involves the false statement of a material fact to induce the other party. The loss referred to must be caused exclusively by conduct of human agency. The definition provided under the Indian Contract Act is not inclusive of many circumstances and leaves room for interpretation, which may lead to ambiguity and confusion. For instance, when it comes to Law of Contract, the provisions are unequivocally and clearly laid down to legally bind the parties, check upon breaches and remedy the aggrieved party.
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Contract of Indemnity and Law of Guarantee
Release of one co-surety does not discharge others— Where there are co-sureties, a release by the creditor of one of them does not discharge the others, neither does it free the surety so released from his responsibility to the other sureties. He undertakes to be liable when the contemplated situation is there. This is a contract of indemnity. However, there is some controversy as to whether guarantees should be construed somewhat differently from other contracts. Indemnity requires that the party to be indemnified shall never be called for payment. Definition of Indemnity A form of contingent contract, whereby one party promises to the other party that he will compensate the loss or damages occurred to him by the conduct of the first party or any other person, it is known as the contract of indemnity. However, there are three parties in contract of guarantee.
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Ch. 23 The Law of Guarantees childhealthpolicy.vumc.org
Discharge of surety by variance in terms of contract. According to this principle, when parties have acted in their transaction upon the agreed assumption that a given state of facts is to be accepted between them as true, then they will be estopped from questioning the truth of the state of facts so assumed. He can only sue Moreshwar Madan. Here B is released from his debt by the contract with C, and A is discharged from his suretyship. A guarantee on the other hand creates a secondary obligation. The objective of a guarantee is to ascertain that the transactions would be honored by the debtor. It involves three parties, viz.
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Law of Indemnity & Guarantee
The indemnity has been mentioned; in addition, there are contracts of insurance, comfort letters and performance guarantees. Nevertheless it would be prudent to obtain the consent of the indemnifier to the variation. In indemnity, the contingency present is that of the possibility or risk of suffering loss to which the indemnifier agrees to indemnify; while in guarantee, there is an existing debt or duty whose performance is guaranteed by the surety. Also, each of these categories of contracts is utilized as a safeguard against misfortunes by people and organizations. Definition of Guarantee 23. B fails to account for some of his receipts, and A in consequence calls upon him to furnish security for his duly accounting.
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Indemnities and guarantees
Contract: There is only one contract, i. But in the Punjab National Bank case, along with the principal debtor, the surety can also be sued. There is no such distinction in India. Costs of the suit: All costs which he may be compelled to pay to bring or defend the such suit. Avoidance of Corporate Guarantees 23. The indemnity-holder is open to use for the specific performance of the contract of indemnity if an absolute liability is incurred by him. Right of Subrogation: 2.
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Difference between Contract of Indemnity and Contract of Guarantee
This was further explained in the Gajanan Moreshwar vs. A, B and C have to pay the full penalty of his bond. C pays the 5,000 rupees to B on the 1st January. A broker in possession of a government promissory note endorsed it to a bank with forged endorsement. B draws upon C, C accepts the bill. In present times, the indemnifier shall not wait for the indemnity holder to claim the reimbursement, he shall make it as soon as the liability occurs. An indemnity is for reimbursement of a loss, while a guarantee is for security of the creditor.
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Contract of Indemnity, Guarantee and Insurance By Unacademy
There also exists a Personal guarantee; this usually takes the form of a guarantee by a company director to a third party such as a bank for the debts of a company. Jarvis, that Adamson has to indemnify Jarvis as Jarvis was asked to follow the orders of Adamson, and if anything went amiss Jarvis would be indemnified. By and large likewise, similar obligations and rights emerge between the parties. Moreshwar Madan, it can be seen, that both guarantee and indemnity are used to compensate the creditor and indemnity holder respectively and the principal debtor and surety in the Punjab National Bank case s well as the indemnifier had consented to pay to make good of the debt. Two opposing views have been put forward: 1.
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