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Sweet & Maxwell (U.K.)

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The Modern Contract of Guarantee, 3rd Edition
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  • A practical treatise on the law of suretyship in modern commercial practice
  • 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
  • Examines the construction of guarantees and the meaning of clauses commonly inserted in guarantee
  • Looks at special principles applicable to guarantees which will lead to the guarantee being discharged, and guidance as to how the lender can guard against that eventuality considers the difficulties which may be faced by the lender in enforcing the guarantee
  • Looks at the rights of guarantors both before and after payment, including rights of set off, indemnity and contribution
  • Provides in-depth analysis of the relevant case law and legislation
  • Gives guidance for drafting contracts of guarantee
  • Includes discussion of developments in England and in the Commonwealth
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