Subject-Matter Index

Assignment

benefits of guarantee

not possible for creditor to assign benefit of guarantee without assigning benefit of underlying debt to same assignee—would improperly create two debts instead of one (i.e. one owed by guarantor to assignee and other by principal debtor to creditor) and creditor could deprive guarantors of benefits arising from position as guarantors: KWL Advertising Ltd. v. Kountouris (Royal Ct.), 2005–06 GLR N [34]

Indemnity. See COMPANIES (Directors—exclusion of liability), (Directors—indemnity against liability). SUCCESSION (Costs—indemnity out of estate). TRUSTS (Costs—indemnity basis), (Liabilities of trustees—personal liability), (Rights of trustees—indemnity from trust assets), (Trust protector—indemnity from trust fund)

Principal debtor’s bankruptcy or insolvency

rule against double proof. See COMPANIES (Compulsory winding up—assets available for distribution), (Voluntary winding up—assets available for distribution)