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 to 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