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CHAPTER 13.04. Acceptance
Jurisdiction | United States |
13.04. Acceptance
To bind a guarantor, an offer of a guaranty must be accepted by the obligee either through performance or reasonable notice of acceptance to the guarantor.34 For continuing guaranties, where a guarantor guaranties a series of future transactions, notice of acceptance should be given with respect to those transactions that are not yet binding on the guarantor.35 Notice of acceptance can also be waived.36
Notice of acceptance is not required where the offer of guaranty is no longer revocable.37 For this reason, it is said that an absolute guaranty does not require notice of acceptance.38
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Notes:
[34] See Farmers' Bank v. Tatnall, 31 A. 879, 879-80 (Del. 1885); Wanamaker v. Benn, 50 A. 512, 512 (Del. Super. Ct. 1901); Taylor v. McClung, 2 Houst. 24 (Del. Super. Ct. 1858). See also supra Section 13.01[4].
[35] See, e.g., Ajax Rubber Co. v. Gam, 105 A. 834, 834 (Del. Super. Ct. 1919); see generally Danby v. Osteopathic Hosp. Ass'n of Del., 101 A.2d 308, 312 (Del. Ch. 1953) (describing the functional nature of continuing guaranties).
[36] See 38 Am. Jur. 2d Guaranty § 28 (2009); cf. W. T. Rawleigh, 199 A. at 670.
[37] Farmers', 31 A. at 879-80.
[38] Id.
To continue reading
Request your trial- Title
- Chapter 13 Guaranties
- CHAPTER 13.01. General
- CHAPTER 13.02. Who Can Make a Guaranty
- CHAPTER 13.03. Consideration
- CHAPTER 13.04. Acceptance
- CHAPTER 13.05. Revocation of a Guaranty
- CHAPTER 13.06. Guarantor's Defenses
- CHAPTER 13.07. Waiver of Defenses
- CHAPTER 13.08. Bankruptcy and Reinstatement of a Guaranty
- CHAPTER 13.09. "Bad Boy" Guaranties
- CHAPTER 13.10. Spousal Guaranties
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