August 12, 2008

Guarantees of Consumer Debts (1979)

Keywords: guarantee; guarantor; consumer; debt; indemnity; negotiable instrument; surety; reimbursement; disclosure; security; subrogation; exoneration; minor; quia timet; discharge; contract; liability; exclusion; contracting out; waiver A creditor often seeks protection from a potential default by a debtor by demanding that a third party undertake to make good any default that might Read more…

Creditors’ Relief Legislation: A New Approach (1979)

Keywords: creditor; relief; judgment; execution; priority; distribution; proceeds; bankruptcy; recovery; attachment; enforcement; debtor; debt; sale; sheriff; Creditors Relief Act This project examines the Creditors Relief Act, which was enacted to provide for the equal distribution among creditors of a debtor’s property realized on enforcement.

August 11, 2008

Execution Against Land (1978)

Keywords: execution; land; real; property; enforcement; creditor; homestead; registration; joint tenancy; mortgage; title; unsecured; debtor; interest; possession; redemption; judgment; charge; third party; joint tenant; sale; partition; security; prejudgment This project examined the Execution Act, which provided a scheme whereby a judgment creditor could proceed against an interest in land belonging Read more…

Attachment of Debts Act (1978)

Keywords: attachment; debtor; creditor; debt; remedy; garnishment; court; order; enforcement; judgment; prejudgment; pre-judgment; postjudgment; post-judgment; accruing; due; Attachment of Debts Act; exemption; payment; bank account; fund; jurisdiction; writ The Attachment of Debts Act provided a remedy for creditors whereby execution proceedings could be taken against a certain type of asset: Read more…

The Replevin Act (1978)

Keywords: replevin; recovery; goods; personal; property; chattel; rent; distress; wrongful; detention; Replevin Act; relief; interim; summons; procedure; sheriff; power; repeal The Replevin Act permitted the speedy recovery of personal property that had been wrongfully withheld from a person entitled to possession. This project undertook a review of the Act and Read more…