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SINGAPORE JOURNAL OF LEGAL STUDIES

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    Digging up Moss in the Antipodes (Monies Owing Guarantees)

    Citation: [1998] Sing JLS 44
    This article explores the danger of using words like "due and owing" in a guarantee when the debtor becomes bankrupt and is discharged. Despite statutory protection aimed at keeping the liability of the guarantor alive the words may be viewed as releasing the guarantor from liability. This article explores the interpretation and application of Re Moss; Ex parte Hallett in Australia, New Zealand, Hong Kong and how to avoid the problem in the first place.
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