Law of Guarantees, 6th Edition


Autrhors: Geraldine Andrews, Richard Millett
ISBN13: 9789384746537
Published: January 2012
Country of Publication: UK
Format: Hardback, Indian Reprint
Categories: , Product ID: 11164


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]
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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