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Modern Contract of Guarantee, The
Modern Contract of Guarantee, The
4th Edition, English Edition
ISBN:  9780414082724
Published by:  Sweet & Maxwell
Publication Date:  30 Nov 2020
Format:  Hardback, eBook - ProView
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PRODUCT DESCRIPTION

The Modern Contract of Guarantee provides readers with a detailed reference work on the law of guarantees. It provides practical insights into areas such as the validity and construction of guarantees, how to avoid a guarantee being discharged and common difficulties with enforcement. It also contains drafting guidance and a useful comparative discussion of developments in England and Commonwealth countries.
Key features:
  • 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
  • Gives guidance on drafting contracts of guarantee
  • Examines the meaning of common provisions of a guarantee agreement, with detailed reference to case law
  • Discusses factors affecting the validity of the guarantee, such as duress and undue influence
  • •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 for this edition:
  • Updated for the Insolvency Rules 2016
  • Notes impending changes to legislation due to Brexit
  • Incorporates over 50 new cases on guarantees and indemnities, covering the full spectrum of issues
  • Focuses on English case law but, as with past editions, also makes substantial reference to decisions from the rest of the UK, Ireland and around the Commonwealth
  • Keeps abreast of general developments in contract law since the last edition, on topics such as construction, rectification, illegality, penalties and damages

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