The Modern Contract of Guarantee

The Modern Contract of Guarantee provides readers with a detailed reference work on the law of guarantees. It provides practical insights into areas such as the validity and construction of guarantees, how to avoid a guarantee being discharged and common difficulties with enforcement. It also contains drafting guidance and a useful comparative discussion of developments in England and Commonwealth countries.

Key features:
- Provides a practical guide to the law of guarantees in modern commercial practice
- Covers all aspects of the contract of guarantee, from formation to discharge of liability, and the rights of the parties
- Gives guidance on drafting contracts of guarantee
- Examines the meaning of common provisions of a guarantee agreement, with detailed reference to case law
- Discusses factors affecting the validity of the guarantee, such as duress and undue influence
- Looks at special principles applicable to guarantees which will lead to the guarantee being discharged and provides guidance on how to avoid common pitfalls
- Advises on how the lender can guard against discharge of a guarantee
- Considers problems the lender may have enforcing the guarantee
- Looks at the rights of guarantors both before and after payment
- Includes procedural aspects of the law for litigation

New for this edition:
- Updated for the Insolvency Rules 2016
- Notes impending changes to legislation due to Brexit
- Incorporates over 50 new cases on guarantees and indemnities, covering the full spectrum of issues
- Focuses on English case law but, as with past editions, also makes substantial reference to decisions from the rest of the UK, Ireland and around the Commonwealth
- Keeps abreast of general developments in contract law since the last edition, on topics such as construction, rectification, illegality, penalties and damages.