Banking / Finance

Guarantees and Performance Bonds, 2nd Edition

By Dr Poh Chu Chai
LexisNexis Singapore January 2012

Specifications

ISBN-13
9789812369901
Publisher
LexisNexis Singapore
Publication
January 2012
Format
Paperback
Jurisdiction
Malaysia, Singapore ? Countri(es) for reference only

Details

Following the very successful launch of the first edition of Guarantees and Performance Bonds, the book has been updated in the second edition to cover changes from early 2009 to the present day. This new edition adopts a new format to better serve a wider spectrum of readers including legal practitioners and law students. 

This book is an authoritative and well-researched text based on actual legal principles. Not only does it cover the law relating to guarantees and performance bonds as applied in Singapore and Malaysia, it also takes into account decisions made in Singapore, Malaysia and the United Kingdom as well as the relevant Singapore and Malaysian statutory provisions. Singapore and Malaysia have developed their own pool of judicial decisions to cater for local requirements and conditions and these developments are fully explored in the book. 

In Malaysia, significant cases include Kejuruteraan Bintai Kindenko Sdn. Bhd. v. Nam Fatt Construction Sdn. Bhd. [2011] 7 C.L.J. 442; The Pacific Bank Bhd. v. Kerajaan Negeri Sarawak [2011] 3 C.L.J. 538; Sumatec Engineering and Construction Sdn. Bhd. v. Malaysian Refining Company Sdn. Bhd. [2012] 3 C.L.J. 401. In Singapore, significant cases include Beckkett Pte. Ltd. v. Deutsche Bank AG [2009] 3 S.L.R.(R) 452; Master Marine AS v. Labroy Offshore Ltd. [2012] 3 S.L.R. 125; BS Mount Sophia Pte. Ltd. v. Join-Aim Pte. Ltd. [2012] 3 S.L.R. 352. Similarly, emanating from England, noteworthy cases include Rainy Sky SA v. Kookmin Bank [2012] 1 All E.R. (Comm.) 1; Deutsche Bank AG v. Tongkah Harbour Public Co. Ltd. [2012] 1 All E.R. (Comm.) 194; Meritz Fire and Marine Insurance Co. Ltd. v. Jan de Nul NV [2012] 1 All E.R. (Comm.) 182; McGuinness v. Norwich and Peterborough Building Society [2012] 2 All E.R. (Comm.) 265. 

Written in a manner that make is easy for a non-lawyer to understand, the author hopes to make the law governing guarantees and performance bonds much more accessible to all who need to access the law.

Table of Contents

* Guarantee's Legal Nature 

* Consideration 

* Vitiating Factors 

* Undue Influence 

* Matters Affecting Guarantor's Interests 

* Guarantee's Legal Nature 

* Joint and Several Guarantee 

* Some Common Terms in Guarantees 

* Enforcement of Guarantee 

* Guarantee's Legal Nature 

* Guarantor and Creditor 

* Guarantor and Principal Debtor 

* Rights between Guarantor 

* Performance Bonds

About the Author

Dr Poh Chu Chai is an Associate Professor at the National University of Singapore and his research interests are in the areas of Banking and Insurance laws. His first book was the Law of Negotiable Instruments which was published in 1984.

LexisNexis had the privilege to publish the author's best selling titles such as, Motor and work Injury Insurance, General Insurance Law, Guarantee and Performance Bonds, Banking Law and Principles of Insurance Law.
The author's books have been cited in more than 94 judgments in Singapore and Malaysia including the Court of Appeal and the Malaysian Federal Court.

 

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