|Book||Modern Contract of Guarantee 2nd Edition||15/12/2010||9781847035691||$525.00|
“An outstanding contribution to the law … practitioners who ignore this indispensable title do so at their own peril.” – Journal of International Banking Law and Regulation
A practical guide to the law of suretyship in modern commercial practice, this book covers all aspects of the contract of guarantee, from formation to discharge of liability and the rights of the parties. The book:
- Examines the meaning of clauses commonly inserted in guarantees, with detailed reference to case law
- Discusses factors affecting the validity of the guarantee, such as duress and undue influence
- Gives guidance on drafting contracts of guarantee
- Looks at special principles applicable to guarantees which will lead to the guarantee being discharged
- Advises on how the lender can guard against discharge of a guarantee
- Considers problems the lender may have enforcing the guarantee
- Looks at the rights of guarantors both before and after payment
- Provides in-depth analysis recent case law and legislation, including the Consumer Credit Act 2006
- Deals with conflict of laws issues
- Refers to a wide range of Commonwealth decisions making the text relevant throughout the common law world.
Formation and Validity. Liability and Discharge. The Rights of the Parties. Guarantees in Particular Contexts.