Caution: cautioner's rights Flashcards by Eilish Russell | Brainscape

Q

2 rights?

A

benefit of division

- right to relief/indemnity against D (on distress/on notice where period indefinite)

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Q

Benefit of division

-on distress - case?

A

Smithy’s Place Ltd v Blackadder

* when C begins to press for payment, CA can oblige D to pay C

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Q

Benefit of division

-on notice where period indefinite? [2]

A

Automatic assignation of right to payment from C-> CA (includes securities)
Entitled to demand deed of assignation from C so when CA pays, CA takes over C’s right rather than extinguishes them.

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