Description
Frequently cited in court, this text is the leading work on guarantees written by experts in their field; Millett and Andrews. A practitioner focused text examining the law and practice of guarantees and surety, it covers everything required for work in this area.
- Provides a detailed analysis of the various statutory and contractual requirements relating to the law of guarantees
- Looks at the elements of a guarantee, its construction, and its enforcement
- Covers all areas of law including guarantees for loans, consumer credit, hire purchase, landlord and tenant, building contracts and commercial contracts
- Examines the guarantor’s liability and rights against both creditors and debtors
- Discusses revocation of contracts and discharge of the surety
- Deals with insolvency in relation to guarantees
- Provides workflow solutions in the format of checklists, specimen pleadings as well as 14 precedents for use in drafting, making your day-to-day work quicker and easier
This new edition discusses legislative updates and includes a detailed analysis of recent developments in case law, such as:-
- North Shore Ventures Ltd v Anstead Holdings Inc [2011]
- Van der Merwe v IIG Capital LLC Court of Appeal (Civil Division), 22 May 2008, [2008]
- Meritz Fire & Marine Insurance Co Ltd v Jan de Nul NV Court of Appeal (Civil Division), 21 July 2011, [2011]
- Vossloh Aktiengesellschaft v Alpha Trains (UK) Ltd Chancery Division, 05 October 2010, [2010]
- Gold Coast Ltd v Caja de Ahorros del Mediterraneo [2001]
- Carey Value Added SL (formerly Losan Hotels World Value Added I SL) v Grupo Urvasco SA Queen’s Bench Division (Commercial Court), 23 July 2010, [2010]
- Pitts v Jones Court of Appeal (Civil Division), 06 December 2007, [2007]
- Beck Interiors Ltd v Russo Queen’s Bench Division (Technology & Construction Court), 29 July 2009, [2009]
- Fairstate Ltd v General Enterprise & Management Ltd [2010]
- KS/Victoria Street v House of Fraser (Stores Management) Ltd [2011]
- Enka Insaat Ve Sanayi AS v Banca Popolare [2009]
- Good Harvest v Centaur Services [2010]
- McGuinness v Peterborough BS [2011]
- Royal Bank of Scotland Plc v Chandra [2011]
- Close Brothers Ltd v Pearce [2011]
- British Arab Commercial Bank Plc v Bank of Communications and another [2011]
- Contents:
- Chapter 1 – Definitions and Characteristics
- Chapter 2 – Contractual Requirements
- Chapter 3 – Formal Requirements
- Chapter 4 – Construction
- Chapter 5 – Vitiating Elements in the Contract
- Chapter 6 – The Liability of the Surety
- Chapter 7 – Enforcement of Contracts of Suretyship
- Chapter 8 – Revocation of Contracts of Suretyship
- Chapter 9 – Discharge of the Surety
- Chapter 10 – Rights of the Surety Against the Principal
- Chapter 11 – Rights of the Surety Against the Creditor
- Chapter 12 – Rights of the Surety Against Co-Sureties
- Chapter 13 – Insolvency
- Chapter 14 – Bank Guarantees and Related Transactions
- Chapter 15 – International Commerce
- Chapter 16 – Performance Bonds
- Chapter 17 – Consumer Credit Transactions
- Chapter 18 – Landlord and Tenant
- Precedents and Appendix Legislation
- 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 of the Fidelity of an Employee
- Precedent 14: Rent Guarantee
- Plus various short extracts from relevant legislation.
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