Commentary

2 Use of double bonds discouraged

BONDS vol 4(1)
| Commentary

2 Use of double bonds discouraged

| Commentary

2 Use of double bonds discouraged

The use of double or conditional bonds has long been discouraged by the courts:

‘I find great difficulty in understanding the desire of commercial men to embody so simple an obligation in a document which is quite unnecessarily lengthy, which obfuscates its true purpose and which is likely to give rise to unnecessary arguments and litigation as to its meaning’1.

It is also notable that the intervention of equity (see paragraph 1.3 above) and subsequently of statute2 took away from this form of bond the advantage it would otherwise have had over an ordinary contract or

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