Research Catalog

The modern contract of guarantee / Jim O'Donovan and John Phillips.

Title
The modern contract of guarantee / Jim O'Donovan and John Phillips.
Author
O'Donovan, James
Publication
London : Sweet & Maxwell, 2010.

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Details

Additional Authors
Phillips, John C.
Description
xcvi, 969 p.; 25 cm.
Summary
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.
Subject
  • Suretyship and guaranty > England
  • Suretyship and guaranty > Wales
  • Suretyship and guaranty > Australia
Bibliography (note)
  • Includes bibliographical references and index.
Processing Action (note)
  • committed to retain
Contents
Pt. I. Formation and validity -- Definition and distinctions -- Formation of the contract of guarantee -- Formal requirements -- Factors affecting validity -- pt. II. Liability and discharge -- The scope of the guarantor's liability -- Discharge from liability by the determination of the principal transaction -- Discharge from liability by reason of the creditor's conduct towards the principal -- Discharge from liability by reason of the creditor's conduct in relation to the guarantor -- Discharge from liability by the determination of the guarantee -- pt. III. The rights of the parties -- Rights of the creditor -- Rights of the guarantor before payment -- Rights of the guarantor after payment -- pt. IV. Guarantees in particular contexts -- Performance bonds -- Suretyship in private international law.
ISBN
  • 9781847035691 (hbk.)
  • 1847035698 (hbk.)
OCLC
648100744
Owning Institutions
Harvard Library