Home > Banking & Financial Services > Modern Contract of Guarantee, The
Email Page to a Colleague
(* Denotes required field)
* Colleague’s email address
* Your email address
* Subject
The selected product information will be included in the email.
The email addresses you provide will not be used for any other purpose. You can view a detailed privacy statement here.
Your email has been sent.

Modern Contract of Guarantee, The

Modern Contract of Guarantee, The
4th Edition, English Edition
ISBN:  9780414067479
Published by:  Sweet & Maxwell
Publication Date:  27 Oct 2020
Subscription Information:  Non-Subscribable Product
Format:  Hardback
Enter a promotion code if you have one. Note: discount applied at Checkout Review Section
Promotion code:


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

Thomson Reuters ProView Also available as an eBook on Thomson Reuters ProView

Thomson Reuters ProView™ is custom built for legal professionals like you.

Using ProView means you can connect to and interact with the content you rely on in new ways, wherever and whenever you like. Find out more about ProView.

Purchase this title as an eBook to start reading today:

If you’re interested in firmwide or multiple user access to this title on Proview then please contact us directly to discuss what options are available.



Part I Formation and Validity
1 Definition and Distinctions
2 Formation of the Contract of Guarantee
3 Formal Requirements
4 Factors Affecting Validity

Part II Liability and Discharge 
5 The Scope of the Guarantor’s Liability
6 Discharge from Liability by the Determination of the Principal Transaction
7 Discharge from Liability by Reason of the Creditor’s Conduct towards the Principal
8 Discharge from Liability by Reason of the Creditor’s Conduct in Relation to the Guarantor
9 Discharge from Liability by the Determination of the Guarantee

Part III The Rights of the Parties
10 Rights of the Creditor 
11 Rights of the Guarantor before Payment  
12 Rights of the Guarantor after Payment

Part IV Guarantees in Particular Contexts
13 Demand Bonds
14 Suretyship in Private International Law

back to top
Must Haves