The Modern Contract Of Guarantee / by O Donovan and Phillips
Publication details: Bangalore: Thomson Reuters, 2020Edition: 4thDescription: 923p.; 24cmISBN:- 9789393702739
- 346.022 DON
Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
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Central Library | 346.022 DON (Browse shelf(Opens below)) | 1 | Not for loan | 002419 |
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346.022 BEA Anson's Law of contract/ | 346.022 BHA Contract Law in India / | 346.022 CAT A unified approach to contract interpretation/ | 346.022 DON The Modern Contract Of Guarantee / | 346.022 FUR Law of contract / | 346.022 KAP Contract-I & specific relief act / | 346.022 KAP Contract-I & specific relief act / |
Part 1 : Formation and Validity
1. Definition and Distinctions
2. Formation of the Contract of Guarantee
3. Formal Requirements
4. Factors Affecting Validity
Part 2 : Liability and Discharge
5. The Scope of the Guarantor's Liability
6. Discharge from Liability Determination of the Principal Transaction
7. Discharge from Liability by Reason of the Creditor's Conduct towards the Principal
8. Discharge from Liability by Reason of the Conduct in Relation to the Guarantor
9. Discharge from Liability by the Determination of the Guarantee
Part 3 : The Rights of the Parties
10. Rights of the Creditor
11. Rights of the Guarantor before Payment
12. Rights of the Guarantor after Payment
Part 4 : Guarantees in Particular Contexts
13. Demand Bond
14. Suretyship in Private International Law
Index
The period since the publication of the last edition of this work, in September 2016, has been one of evolution rather than revolution for the law on guarantees. Even so, over 50 new cases have been included in this edition, spread across all chapters. As with previous editions, the book also covers significant decisions from the major Commonwealth jurisdictions (Australia, Canada, New Zealand, and Singapore). The most important legislative developments have been the entry into force of the Insolvency Rules 2016 and the changes wrought by Brexit. The nature of the UK's relationship with the EU beyond the transition period remains uncertain at the time of writing. Brexit's impact to-date on guarantees principally concerns matters of jurisdiction and choice of law. Some of the notable changes to this edition are as follows. In Chapter 2, the material on formation has been restructured. In Chapter 3, the sections on forgeries and execution of guarantees have been revised. Chapter 4 covers new decisions on the statutory regulation of unfair terms so far as it affects guarantees. It also records recent developments in vitiating factors in the general law of contract, in particular, in duress and illegality. In Chapter 5 there is new material on construction and the scope of the guarantee. In Chapter 6, the sections on assignment and on the effect of termination of the principal contract have been condensed and expanded, respectively. The revisions to Chapter 7 address the relationship between the variation rule and cognate principles, and the in applicability of the rule to contracts of indemnity. Chapter 8 adds material on the creditor's duty to perfect securities and on the effect of the creditor's bad faith or fraud towards the guarantor. Chapter 9 notes some new decisions on revocation of guarantees.(Sources:https://lawbookshop.net/modern-contract-guarantee-dr-wayne-courtney-john-phillips-james-o-donovan.html)
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