L. Statutory Construction
| Library | SC Construction Law Desk Book (SCBar) (2013 Ed.) |
L. Statutory Construction
The liability of the surety, as a general rule, is measured precisely by the liability of the principal. An exception to this general rule exists in cases where the original contract is unenforceable against the principal because of infancy or other disability.176 In the case of a "voluntary" or "accommodation" surety, the contract is construed strictissimi juris where all doubts and technicalities are resolved in favor of the surety.
That rule of construction does not apply, however, in the context of a surety company acting for compensation. In that situation, doubts are resolved against the surety and in favor of indemnity, which means...
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