The Modern Contract of Guarantee
- ISBN-10
- 1847035698
- ISBN-13
- 9781847035691
- Category
- Suretyship and guaranty
- Pages
- 969
- Language
- English
- Published
- 2010
- Authors
- James O'Donovan, John Phillips
Description
This English edition of a classic text on the subject of commercial credit and security has been re-written to emphasise English law, and focuses on the liability of a surety to pay a commercial debt if the principal borrower does not. The coverage includes: analysis of the factors affecting the validity of the guarantee such as duress and undue influence and the liability of the lender for the acts of the principal borrower; construction of guarantees and the meaning of clauses commonly inserted in guarantees; special principles applicable to guarantees being discharged, and how the lender can guard against that eventuality; difficulties in enforcing guarantees; and rights of guarantors, including rights of set off, indemnity and contribution.
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