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The Modern Contract of Guarantee 3rd English ed

The Modern Contract of Guarantee 3rd English ed

Author: Wayne Courtney; John Phillips; James O'Donovan
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414034099

Previous Edition ISBN: 9781847035691
Published In: September 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The Modern Contract of Guarantee provides readers with a detailed reference work on the law of guarantees.

The authors provide practical insights into areas such as the validity and construction of guarantees, how to avoid a guarantee being discharged and common difficulties with enforcement. The authors also provide drafting guidance and a useful comparative discussion of developments in England and Commonwealth countries.

The 3rd English edition:-

Provides a practical guide to the law of guarantees in modern commercial practice
Covers all aspects of the contract of guarantee, from formation to discharge of liability, and the rights of the parties
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 and provides guidance on how to avoid common pitfalls
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
Includes procedural aspects of the law for litigation

New to this edition:-

The updated edition updates the text to reflect legislative changes by Introduction of the Consumer Rights Act 2015, revocation of the Unfair Terms in Consumer Contracts Regulations 1999, and consequential amendments to the Unfair Contract Terms Act 1977.
Provides a new section on unfair relationships following updates to the Consumer Credit Act 1974 with discussion of key cases including Plevin v Paragon Personal Finance Ltd.
The chapter on demand bonds has been substantially revised to take account of many new developments in this area.
Other significant additions or revisions have been made to sections on: formalities and electronic communications; the duty of disclosure; construction of guarantees; scope and proof of liability (including misnomer and conclusive evidence clauses); variations and the “purview” concept; indemnification of guarantors; authorised guarantee agreements; arbitration clauses; contribution; marshalling.
Keeping with tradition of this work, the updated text includes references to new appellate and important first-instance decisions from around the common wealth. Over 30 notable new cases have been added covering a range of topics, including, but not limited to: advance payment bonds, letters of credit, drafting, severance and loan agreements

Definition and Distinctions

Formation of the Contract of Guarantee

Formal Requirements

Factors Affecting Validity

The Scope of the Guarantor’s Liability

Discharge from Liability by the Determination of the Principal Transaction

Discharge from Liability by Reason of the Creditor’s Conduct towards the Principal

Discharge from Liability by Reason of the Creditor’s Conduct in Relation to the Guarantor

Discharge from Liability by the Determination of the Guarantee

10.

Rights of the Creditor

11.