Title 56 - GUARANTY, SURETYSHIP AND INDEMNITY
- Chapter 01 - Guaranty
- Section 56-1-1 - "Guaranty" defined.
- Section 56-1-10 - Acceptance of guaranty.
- Section 56-1-11 - Guaranty of incomplete contract.
- Section 56-1-12 - Guaranty that obligation is good or collectible.
- Section 56-1-13 - Recovery upon guaranty that obligation is good or collectible.
- Section 56-1-14 - Failure to take proceedings upon principal debt does not discharge guaranty ofsolvency.
- Section 56-1-15 - Construction of guaranty--Unconditional in absence of terms importing conditionprecedent.
- Section 56-1-16 - Liability of guarantor--Time of accrual--Default of principal--Demand or noticeunnecessary.
- Section 56-1-17 - Liability of guarantor of conditional obligation--Notice of default.
- Section 56-1-18 - Obligations of guarantor--Scope and limitations.
- Section 56-1-19 - Liability of guarantor--Contract of principal unlawful--Personal disability ofprincipal.
- Section 56-1-2 - Knowledge of principal unnecessary to creation of guaranty.
- Section 56-1-20 - "Continuing guaranty" defined.
- Section 56-1-21 - Revocation of continuing guaranty--Exception.
- Section 56-1-22 - Exoneration of guarantor--Alteration of original obligation of principal--Impairmentof rights of creditors.
- Section 56-1-23 - Void promises do not exonerate guarantor.
- Section 56-1-24 - Liability of guarantor exonerated by agreement altering original obligation of debtoror impairing remedy of creditor not restored by rescission of such agreement.
- Section 56-1-25 - Obligation of guarantor reduced by partial satisfaction of obligation.
- Section 56-1-26 - Delay of creditors in enforcement of remedy--Guarantor not exonerated.
- Section 56-1-27 - Liability of indemnified guarantor.
- Section 56-1-3 - Consideration--When required.
- Section 56-1-4 - Requirements as to writing--Signature of guarantor--Expression of considerationunnecessary.
- Section 56-1-5 - Promise for consideration to answer for obligation of another--Writing unnecessary.
- Section 56-1-6 - Obligation which renders the party making the promise the principal debtor, and theperson in whose behalf it is made the surety--Writing unnecessary.
- Section 56-1-7 - Promise for antecedent obligation of another--Writing unnecessary.
- Section 56-1-8 - Undertaking by factor to sell merchandise and guarantee sale--Writing unnecessary.
- Section 56-1-9 - Holder of instrument for the payment of money, upon which third person liable,transferring it in payment of precedent debt entering into a promise respecting suchinstrument--Writing u
- Chapter 02 - Suretyship
- Section 56-2-1 - "Suretyship" defined.
- Section 56-2-10 - Surety exonerated to extent prejudiced by act of creditor.
- Section 56-2-11 - Surety exonerated to extent prejudiced by omission of creditor.
- Section 56-2-12 - Liability of surety limited by express terms of contract--Penalty for breach.
- Section 56-2-13 - Suretyship relation not changed by creditor's judgment against surety.
- Section 56-2-14 - Satisfaction of principal obligation by surety--Reimbursement, exception as to otherpersons.
- Section 56-2-2 - Apparent principal may show that he is a surety.
- Section 56-2-3 - Joint control of deposits of assets--Agreement between insured and surety--Withdrawal procedure.
- Section 56-2-4 - Rights of a surety same as guarantor.
- Section 56-2-5 - Performance of obligation when due by principal--Compelling by surety.
- Section 56-2-6 - Neglect of creditor to proceed against principal at request of surety--Suretyexonerated to the extent which he is prejudiced.
- Section 56-2-7 - Property of principal first resorted to.
- Section 56-2-8 - Surety exonerated in like manner with guarantor.
- Section 56-2-9 - Surety exonerated by performance or offer of performance.
- Sections 56-2-15, 56-2-16 - Repealed
- Chapter 03 - Indemnity
- Section 56-3-1 - "Indemnity" defined.
- Section 56-3-10 - Indemnity against claims, demands or liability--Matters embraced in contract.
- Section 56-3-11 - Defense by indemnitor of actions against indemnified--Right of person indemnifiedto conduct defense.
- Section 56-3-12 - Neglect of person indemnifying to defend the person indemnified--Recovery againstperson indemnified conclusive.
- Section 56-3-13 - Notice of action or proceedings against indemnified not received by indemnitor--Indemnitor not allowed to control defense--Judgment against indemnitor presumptiveevidence.
- Section 56-3-14 - Application of stipulation as to conclusiveness of judgment against personindemnified upon indemnitor.
- Section 56-3-15 - Reimbursement of indemnitor.
- Section 56-3-16 - Indemnification of architect or engineer for own errors prohibited in constructioncontract.
- Section 56-3-17 - Conflicting provision in construction contract unlawful and unenforceable.
- Section 56-3-2 - Indemnity for a future wrongful act void.
- Section 56-3-3 - Indemnity for past wrongful act valid.
- Section 56-3-4 - Indemnity extends to acts of agents.
- Section 56-3-5 - Agreement to indemnify several persons applies to each.
- Section 56-3-6 - Persons indemnifying liable jointly or severally with person indemnified.
- Section 56-3-7 - Interpretation of contract of indemnity--Application of rules.
- Section 56-3-8 - Indemnity against liability--Recovery by person indemnified.
- Section 56-3-9 - Indemnity against claims, demands or damages--Recovery by person indemnified,payment required.