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Law of Guarantees
By
Geraldine Andrews, Richard Millett
A detailed examination of the law of suretyship for the modern era
The Law of Guarantees provides the reader with a thorough understanding of how a guarantee works, identifies the problem areas and suggests how best to deal with them. It contains 14 precedents which can be used as a basis for creating your own tailor-made documents or for negotiations.
The 5th edition addresses all aspects of the law from the setting up of the contract of guarantee (including the relevant statutory requirements), to its termination or enforcement.
This 5th edition discusses the rights of a surety against the creditor, the principal debtor and co-sureties, and considers what defences may be available.
Top quality information at your finger tips
Presents a detailed analysis of the statutory and contractual requirements relating to the law of guarantees
Gives you comprehensive coverage of the topic, helping you to minimise the financial risks involved for your client
Gives information about areas of potential vulnerability, to help you draft and negotiate watertight agreements
Looks at the provisions commonly included in a guarantee and assesses how such terms are or may be interpreted by a court
Explores different means of enforcement and the potential impact of insolvency
Contains information of particular interest to specialists in the fields of banking and finance, technology and construction, international trade, landlord and tenant, and hire-purchase and consumer credit
The 5th edition
Takes into account recent statutes (such as the Consumer Credit Act 2006) and developments in case law, ensuring you are fully updated on the key changes
Contains extensive tables of cases, statutes and statutory instruments allowing you to easily navigate through the text to find the information you need
Includes EC legislation, EU legislation and conventions which are of potential relevance in the field of suretyship
Contains sections on electronically generated documents and variations outside the area of the contract which is the subject-matter of the guarantee.
Covers case law including:
Triodos Bank v Dobbs
Moat Financial Services v Wilkinson
Moody and Miller v Condor Insurance Ltd
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