The modern contract of guarantee by James O'Donovan and John Phillips, John Phillips,John C. Phillips ISBN 9781847035691, 1847035698 instant download

The modern contract of guarantee by James O'Donovan and John Phillips, John Phillips,John C. Phillips ISBN 9781847035691, 1847035698 instant download

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. 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. Jim O'donovan And John Phillips. Includes Bibliographical References And Index.