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	<title>Comments on: The Guarantees Acknowledgement Act and Equity</title>
	<link>http://ablawg.ca/2008/05/16/the-guarantees-acknowledgement-act-and-equity/</link>
	<description></description>
	<pubDate>Sat, 11 Feb 2012 11:40:17 +0000</pubDate>
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		<title>By: Russ</title>
		<link>http://ablawg.ca/2008/05/16/the-guarantees-acknowledgement-act-and-equity/#comment-73048</link>
		<dc:creator>Russ</dc:creator>
		<pubDate>Mon, 12 Oct 2009 23:13:08 +0000</pubDate>
		<guid>http://ablawg.ca/2008/05/16/the-guarantees-acknowledgement-act-and-equity/#comment-73048</guid>
		<description>Thankyou Jonnette
California is the state that governs the contract.  Will a Canadian court agree with this???

Rusty</description>
		<content:encoded><![CDATA[<p>Thankyou Jonnette<br />
California is the state that governs the contract.  Will a Canadian court agree with this???</p>
<p>Rusty</p>
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		<title>By: Jonnette Watson Hamilton</title>
		<link>http://ablawg.ca/2008/05/16/the-guarantees-acknowledgement-act-and-equity/#comment-69074</link>
		<dc:creator>Jonnette Watson Hamilton</dc:creator>
		<pubDate>Wed, 19 Aug 2009 02:16:42 +0000</pubDate>
		<guid>http://ablawg.ca/2008/05/16/the-guarantees-acknowledgement-act-and-equity/#comment-69074</guid>
		<description>Russ, 

That is an interesting question, although not really related to the post. Section 1(a) of the Guarantees Acknowledgment Act, R.S.A. 2000, c. G-11, available at http://www.canlii.org/en/ab/laws/stat/rsa-2000-c-g-11/latest/rsa-2000-c-g-11.html, defines a guarantee as "deed or written agreement whereby a person, not being a corporation, enters into an obligation to answer for an act or default or omission of another, but does not include ...  (iv) a guarantee given on the sale of an interest in land or an interest in goods or chattels."  I don't think subsection  (iv) rules out a credit card application because the application itself is not the sale of an interest in goods and because most (all?) credit cards allow cash advances. 

If the Act appears to apply, my guess is that the credit card companies would rely on a "choice of law" clause in the application, saying that the law of some place other than Alberta governs the contract. That is a familiar defence to a claim that the GAA was not complied with, but it is not always successful. 

Jonnette</description>
		<content:encoded><![CDATA[<p>Russ, </p>
<p>That is an interesting question, although not really related to the post. Section 1(a) of the Guarantees Acknowledgment Act, R.S.A. 2000, c. G-11, available at <a href="http://www.canlii.org/en/ab/laws/stat/rsa-2000-c-g-11/latest/rsa-2000-c-g-11.html," rel="nofollow">http://www.canlii.org/en/ab/laws/stat/rsa-2000-c-g-11/latest/rsa-2000-c-g-11.html,</a> defines a guarantee as &#8220;deed or written agreement whereby a person, not being a corporation, enters into an obligation to answer for an act or default or omission of another, but does not include &#8230;  (iv) a guarantee given on the sale of an interest in land or an interest in goods or chattels.&#8221;  I don&#8217;t think subsection  (iv) rules out a credit card application because the application itself is not the sale of an interest in goods and because most (all?) credit cards allow cash advances. </p>
<p>If the Act appears to apply, my guess is that the credit card companies would rely on a &#8220;choice of law&#8221; clause in the application, saying that the law of some place other than Alberta governs the contract. That is a familiar defence to a claim that the GAA was not complied with, but it is not always successful. </p>
<p>Jonnette</p>
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		<title>By: Russ</title>
		<link>http://ablawg.ca/2008/05/16/the-guarantees-acknowledgement-act-and-equity/#comment-68787</link>
		<dc:creator>Russ</dc:creator>
		<pubDate>Sat, 15 Aug 2009 23:06:17 +0000</pubDate>
		<guid>http://ablawg.ca/2008/05/16/the-guarantees-acknowledgement-act-and-equity/#comment-68787</guid>
		<description>Would this act apply on a credit card application for a corporation where they want the president to personally quarentee the charges

Thanks</description>
		<content:encoded><![CDATA[<p>Would this act apply on a credit card application for a corporation where they want the president to personally quarentee the charges</p>
<p>Thanks</p>
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