Banking / Finance

Law of Guarantees, 7th Edition

Edited by Geraldine Andrews, QC · Richard Millett, QC
Sweet & Maxwell U.K. October 2015

Specifications

ISBN-13
9780414034150
Publisher
Sweet & Maxwell U.K.
Publication
October 2015
Format
Hardback
Jurisdiction
Commonwealth, European Union, U.K. ? Countri(es) for reference only

Details

Law of Guarantees covers the full range of legal issues that practitioners will come across when dealing with the law and practice of guarantees and sureties. Through 18 chapters the authors provide detailed analysis of the various statutory and contractual requirements in relation to guarantees combined with expert in-depth commentary on key judicial decisions.

A further 14 precedents and an appendix of key legislative extracts, ensures the Law of Guarantees is the rounded authority every commercial lawyer needs at their fingertips.
 

Features

  • Explains comprehensively the many different forms of contract and sets out the legal principles that govern.
  • Examines the practical and legal questions which confront the practitioner on a daily basis that arise from the statutory and contractual requirements relating to the law of guarantees
  • Assists practitioners whilst advising clients setting up lending and leasing arrangements
  • Covers all areas of law including guarantees for loans, consumer credit, hire purchase, landlord and tenant, building contracts and commercial contracts
  • Looks at the elements of a guarantee, its construction, and its enforcement

 

FEATURES & BENEFITS

• Now in its seventh edition and frequently cited in court, this text is the leading work on guarantees
• Explains comprehensively the many different forms of contract and sets out the legal principles that govern.
• Examines the practical and legal questions which confront the practitioner on a daily basis that arise from the statutory and contractual requirements relating to the law of guarantees

Table of Contents

Chapter 1 - Definitions and Characteristics
Chapter 2 – Contractual Requirements
Chapter 3 – Formal Requirements
Chapter 4 – Construction
Chapter 5 – Vitiating Elements in the Contract
Chapter 6 – The Liability of the Surety
Chapter 7 – Enforcement of Contracts of Suretyship
Chapter 8 – Revocation of Contracts of Suretyship
Chapter 9 – Discharge of the Surety
Chapter 10 – Rights of the Surety Against the Principal
Chapter 11 – Rights of the Surety Against the Creditor
Chapter 12 – Rights of the Surety Against Co-Sureties
Chapter 13 – Insolvency
Chapter 14 – Bank Guarantees and Related Transactions
Chapter 15 – International Commerce
Chapter 16 – Performance Bonds
Chapter 17 – Consumer Credit Transactions
Chapter 18 – Landlord and Tenant
Precedents and Appendix Legislation
Precedent 1: Standard Form Bank Guarantee
Precedent 2: Notice of Revocation
Precedent 3: Deed of Release of Surety from Bank Guarantee
Precedent 4: Letter of Comfort
Precedent 5: On Demand Unconditional Performance Bond
Precedent 6: Conditional Performance Bond
Precedent 7: Counter-Indemnity to a bank Issuing a Performance Bond
Precedent 8: P & I Club Letter of Undertaking
Precedent 9: Guarantee of Dividends on Shares
Precedent 10: Guarantee of Ascertained Debt
Precedent 11: Agreement for the Release of a Surety
Precedent 12: Bank Guarantee in Respect of Security for Costs
Precedent 13: Indemnity of the Fidelity of an Employee
Precedent 14: Rent Guarantee
Plus various short extracts from relevant legislation

About the Author

Co-authored by the leading experts in the field: the Hon Mrs Justice Geraldine Andrews and Richard Millett QC of Essex Court Chambers.

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