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FirstPoint update: Guarantee and Indemnity new classification scheme

Content updates

Guarantee and Indemnity is the one of the latest titles and classification schemes reviewed and updated in FirstPoint on Westlaw AU. The result is a new classification scheme for cases in this title.

Cases in the updated Guarantee and Indemnity title include:

  • contract of guarantee
  • discharge of surety
  • assignment
  • rights of surety
  • enforcement of guarantee and other matters
  • actions against surety
  • indemnities

The Guarantee and Indemnity title deals only with those aspects of contracts of guarantee and indemnity which are neither part of the general law of contract, nor secured by mortgage such that the rights of the parties are those of mortgagor and mortgagee only.

Case notes dealing with the general law of contract are found under the FirstPoint title Contracts; case notes dealing with the general law of mortgages are found under the FirstPoint title Mortgages.

The new scheme for Guarantee and Indemnity provides subscribers with an expanded and re-designed classification scheme catering for and covering the current state of the law in this area. An additional 21 headings have been created, including a new chapter on assignment. Researchers now have access to a more detailed classification scheme providing identification of relevant judgments and groups of cases more quickly.

New headings in the contract of guarantee area include:

  • absence of express agreement for suretyship
  • past or present consideration
  • failure of consideration
  • knowledge of creditor; creditor's duty to disclose; enforceability (as to misrepresentation or non-disclosure)
  • guarantee of obligations under lease (as to construction and effect)

New headings in the rights of surety against creditor area include:

  • rights of subrogation
  • subrogation to security held by creditor
  • surety paying part of debt

New headings in the actions against surety area include:

  • failure of joint surety to execute
  • right to set up claim by cross-action

Other titles to consider in FirstPoint and Australian Digest when searching for case law on matters related to guarantees and indemnity include:

  • Consumer Credit
  • Equity
  • Health Law
  • Industrial Law
  • Professions and Trades
  • Superannuation
  • Trade and Commerce
By Avril Easton
Legal Editor - Digest Cases Team

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