Law of Guarantees, 6th Edition


Law of Guarantees, 6th Edition

Author Geraldine Andrews, Richard Millett
Publication Date Jan 2012
ISBN 9780414044715
Format Hardcover
Publisher Sweet & Maxwell


This text is the premier work on assurances published by specialists in their field; Millett and Andrews. It is frequently cited in court. It's a practitioner-focused guide that looks at the law and practise of guarantees and surety, and it covers all you need to know to work in this field.

  • Provides a thorough examination of the numerous statutory and contractual obligations pertaining to guarantee law.
  • Examines the components of a guarantee, as well as their design and enforcement.
  • Guarantees for loans, consumer credit, hire purchase, landlord and tenant, building contracts, and commercial contracts are all covered.
  • The guarantor's liability and rights against creditors and debtors are examined.
  • Discusses contract termination and the release of the surety.
  • Insolvency in respect to guarantees is addressed.
  • Provides workflow solutions in the form of checklists, specimen pleadings, and 14 drafting precedents to make your day-to-day work go faster and smoother.

This revised version covers legislative revisions as well as a full analysis of current case law developments, including:-

  • 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]

TABLE OF CONTENTS of Law of Guarantees, 6th Edition

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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ISBN: 9789384746537

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