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Law of Guarantees

Law of Guarantees
8th Edition
ISBN:  9780414065697
Published by:  Sweet & Maxwell
Publication Date:  30 Jun 2022
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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Law of Guarantees covers the full range of legal issues that practitioners will encounter when dealing with the law and practice of guarantees and sureties. The authors provide detailed analysis of the statutory requirements and contractual considerations in relation to guarantees, combined with expert in-depth commentary on key judicial decisions.
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.

  • A comprehensive explanation of the law and practice of guarantees and surety
  • Provides detailed analysis of the statutory and contractual requirements relating to the law of guarantees.
  • Covers the applicable law in a wide range of contexts, including guarantees for loans, consumer credit, hire purchase, landlord and tenant, building contracts, commercial contracts, international commerce.
  • Examines the guarantor’s liability and rights against both creditors and debtors.
  • Explains the many different forms of contract and sets out the legal principles that underpin them.
  • Offers clear and extensive analysis of key judicial decisions arising from guarantee disputes.
  • Looks at the elements of a guarantee, its construction, and its enforcement .
  • Discusses revocation of contracts and discharge of the surety.
  • Addresses insolvency in relation to guarantees.
  • Includes a range of valuable precedents – including Standard Form Bank Guarantee, On Demand Unconditional Performance Bond, and Bank Guarantee in Respect of Security for Costs.
  • Now in its eighth edition and frequently cited in court, this text is the leading work on guarantees.
  • Written by the leading experts in the field: the Hon Mrs Justice Geraldine Andrews and Richard Millett QC of Essex Court Chambers, joined in this edition by John Robb, also of Essex Court.
  • Appendices ensure that practitioners can quickly refer to extracts of key legislation, including: Statute of Frauds 1677, Bills of Exchange Act 1882, Consumer Credit Act 1974, Unfair Contract Terms Act 1977, Insolvency Act 1986, and the Companies Act 2006.


  1. Definitions and Characteristics. 
  2. Contractual Requirements. 
  3. Formal Requirements. 
  4. Construction. 
  5. Vitiating Elements in the Contract. 
  6. The Liability of the Surety. 
  7. Enforcement of Contracts of Suretyship. 
  8. Revocation of Contracts of Suretyship. 
  9. Discharge of the Surety. 
  10. Rights of the Surety Against the Principal. 
  11. Rights of the Surety Against the Creditor. 
  12. Rights of the Surety Against Co-Sureties. 
  13. Insolvency. 
  14. Bank Guarantees and Letters of Comfort. 
  15. International Commerce. 
  16. Performance Bonds. 
  17. Consumer Credit Transactions. 
  18. Landlord and Tenant. 
  • 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 for the Fidelity of an Employee. 
  • Precedent 14 : Rent Guarantee. 
  • Appendix, Legislation.


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