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Lloyd's Maritime and Commercial Law Quarterly

GUARANTEES UNDERTAKEN WITHOUTTHE REQUEST OF THE DEBTOR

The Zuhal K and Selin
Owen v. Tate 1 is authority that a guarantor who has been required to honour a guarantee is nonetheless not entitled to be indemnified by the principal debtor if the guarantee was voluntarily given without the debtor’s request.2 However, two of the Lords Justices in the case (Scarman and Stephenson, L.JJ.) opined that, in the right circumstances, a right to be indemnified might arise even though no request for the guarantee had been made by the debtor. Scarman, L.J., stated:3 [The] fundamental question is whether in the circumstances it was reasonably necessary in

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