Law Of Guarantees

Author : Geraldine Mary Andrews,Richard Millett
Publisher : Sweet & Maxwell
Page : 925 pages
File Size : 50,5 Mb
Release : 2011
Category : Law
ISBN : 9780414044715

Get Book

Law of Guarantees by Geraldine Mary Andrews,Richard Millett Pdf

The book provides the commercial lawyer with a detailed analysis of the various statutory and contractual requirements relating to the law of guarantees. It also examines the guarantor's liability and right against both creditors and debtors. A thorough knowledge of the law and practice surrounding guarantees is essential for lawyers in all areas of commercial law, given the complex borrowing and finance requirements of modern industry and institutions. This is the 6th edition of the highly successful book on Guarantees by Geraldine Andrews QC and Richard Millett QC. The book is considered the pre-eminent treatise on the subject of guarantees in the UK.

Author : Geraldine Andrews,Richard Millett
Publisher : Unknown
Page : 819 pages
File Size : 41,5 Mb
Release : 2015-10-22
Category : Suretyship and guaranty
ISBN : 0414034155

Get Book

Law of Guarantees by Geraldine Andrews,Richard Millett Pdf

Author : Mark Davis
Publisher : CRC Press
Page : 201 pages
File Size : 48,6 Mb
Release : 2015-05-22
Category : Law
ISBN : 9781317746188

Get Book

Refund Guarantees by Mark Davis Pdf

A refund guarantee is an essential component of almost every shipbuilding project, without which the buyer will be unwilling or unable to proceed. There is no standard form of refund guarantee in universal usage, and both the form and substance of refund guarantee instruments vary widely from case to case. The ambiguity or uncertainty of the meaning of refund guarantee instruments, against a backdrop of a sharp downturn in the shipping markets, has led to numerous disputes in recent years concerning refund guarantees, which have been the subject of a number of important decisions of the English Courts. This is the first English law text book dedicated to the subject of refund guarantees. It provides essential guidance as to the issues arising and the pitfalls to be avoided. It analyses the specimen form of guarantee annexed to Bimco’s NEWBUILDCON form, and covers topics such as the circumstances in which the liability of the guarantor may be discharged, and when a builder may be entitled to obtain an injunction to restrain payment under a refund guarantee. It will be an essential and practical guide for those engaged in the shipbuilding industry, including shipbuilders, shipowners, banks and insurance companies, P&I clubs, and those advising them.

Author : Yann Aubin,Louis de Longeaux,Jean-Claude Vecchiatto
Publisher : Kluwer Law International B.V.
Page : 1392 pages
File Size : 47,6 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041141293

Get Book

International Bank and Other Guarantees Handbook by Yann Aubin,Louis de Longeaux,Jean-Claude Vecchiatto Pdf

Familiarity with guarantees and how they function under various national jurisdictions are essential for principals, guarantors, and beneficiaries of international contracts. This enormously useful handbook provides a practical overview of the guarantee regimes in twenty-eight European countries, with country-by-country contributions from regional expert practitioners and academics. For easy comparison, each country report follows the same structure, from preliminary discussion on the provisions of a guarantee to its negotiation, drafting, and enforcement. Focusing on specific issues to consider at every stage, each chapter provides detailed information and guidance on such aspects as the following: . who can issue guarantees; . limitations as to the type of obligations which may be subject to a guarantee; . issues relating to the protection of the contracting parties; . formal requirements which need to be complied with; . stamp duties or other tax payable; . presence of implied terms; . legal framework applicable to joint and several obligations; . modification of the situation; . conditions for release and actions to be taken to ensure a valid release; . opening of bankruptcy proceedings against the principal; . court enforcement; and . incorporation of uniform rules. Each chapter includes references and model guarantee forms that readers can use to draft their own documents. Invaluable to corporate counsel and law firms with an international practice, this peerless handbook will prove the first order of business in trade negotiations across Europe, among European nations themselves as well as with their global partners.

Author : Kee Yang Low
Publisher : Unknown
Page : 424 pages
File Size : 51,7 Mb
Release : 2003
Category : Suretyship and guaranty
ISBN : 9812363378

Get Book

The Law of Guarantees in Singapore and Malaysia by Kee Yang Low Pdf

Author : Deborah Horowitz
Publisher : Oxford University Press
Page : 273 pages
File Size : 50,5 Mb
Release : 2010-06-10
Category : Business & Economics
ISBN : 9780199588534

Get Book

Letters of Credit and Demand Guarantees: Defences to Payment by Deborah Horowitz Pdf

This book is the first to provide an extensive analysis of the range of defences to payment under letters of credit and demand guarantees. It considers the extent to which different defences undermine the abstraction of these instruments. This is a fundamental issue, since letters of credit and demand guarantees are designed to be abstract, or autonomous, from the underlying contract that called for their use. The purpose of that abstraction is to provide certainty of payment, but the various defences diminish that certainty. The book examines the spectrum of defences that are frequently litigated and debated in international practice: fraud in the documents, nullity, fraud affecting deferred payment letters of credit, fraud as no honest belief, unconscionable conduct and illegality. Vitally, the book provides analysis of the relevant judicial decisions and offers clear practical guidance on which defences are most suitable for each instrument. As the instruments are heavily used in international trade, this work is particularly suited to financial and commercial law practitioners who draft agreements, as well as those who advise on disputes concerning these instruments. Accessible and engaging, the book is also relevant for academics and students.

Author : Philip R. Wood
Publisher : Sweet & Maxwell
Page : 493 pages
File Size : 48,6 Mb
Release : 2007
Category : Bail
ISBN : 9781847032089

Get Book

International Loans, Bonds, Guarantees, Legal Opinions by Philip R. Wood Pdf

This volume provides coverage of syndicated bank credit agreements and loan transfers, international bond issues including equity-linked bonds, note programs and high yield notes, bondholder trustees and collective action clauses and more.

Author : Roeland Irenius Vincent Felix Bertrams
Publisher : Unknown
Page : 428 pages
File Size : 50,6 Mb
Release : 1990
Category : Banks and banking, International
ISBN : OCLC:65583462

Get Book

Bank Guarantees in International Trade by Roeland Irenius Vincent Felix Bertrams Pdf

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 47,6 Mb
Release : 2022
Category : Electronic
ISBN : 9395116048

Get Book

Law Relating to Guarantees by Anonim Pdf

Author : Matti Kurkela
Publisher : Unknown
Page : 0 pages
File Size : 41,8 Mb
Release : 2008
Category : Law
ISBN : 0195323165

Get Book

Letters of Credit and Bank Guarantees Under International Trade Law by Matti Kurkela Pdf

Letters of credit and bank guarantees are the most important financial instruments in international exchange. Matti S. Kurkela, a leading expert in the field, presents an advanced, extensive study and guide to letters of credit. The author analyzes the material rules and principles applicable to them; conflict of laws as well as law merchant applied regardless of place of operation or nationality of the parties involved. Letters of Credit and Bank Guarantees under International Trade Law is the only true guide whose focus is on international law and choice of applicable law, with comparisons of the UCP, the UCC and selected national laws. Bank attorneys, international bankers, commercial bankers, international trade and finance attorneys in law firms, in-house counsel, financial institutions, and academia will find this a clearly written, invaluable guide to the latest rules, case law and practice relating to these financial instruments. The new, expanded Second Edition includes: - Analysis and comparison of commercial and standby credits, bank guarantees and bonds in use in international exchange - Introduction to the various sets of rules in use in international operations and banking - Changes made to the UCC Article 5 and UCP 600 - New development and landmark decisions and case law since the publishing of the first edition - Guidance to and analysis of inter bank relationship, indemnity agreements and reference to sample documentation, and numerous sample clauses - Reference to statutory laws of lcs in various countries

Author : Henry Anselm De Colyar
Publisher : Unknown
Page : 448 pages
File Size : 48,7 Mb
Release : 1874
Category : Suretyship and guaranty
ISBN : BL:A0026604726

Get Book

A Treatise on the Law of Guarantees and of Principal & Surety by Henry Anselm De Colyar Pdf

Author : Christian Twigg-Flesner
Publisher : Routledge
Page : 399 pages
File Size : 50,9 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351949309

Get Book

Consumer Product Guarantees by Christian Twigg-Flesner Pdf

This book presents a detailed analysis of the function of consumer product guarantees and the related legal issues. It applies research findings from the fields of consumer complaining behaviour, marketing science and economics to the legal context. Its central argument is that guarantees could be one way of assisting consumers in resolving product quality disputes. Consumers tend to seek to resolve such disputes informally by complaining, rather than by seeking to go through the courts or structured forms of alternative dispute resolution. Such complaints can be supported by encouraging reliance on consumer product guarantees, particularly where consumers also enjoy strong legal rights. With this in mind, the book develops a legal framework for consumer guarantees, which is based on two key principles: fairness and transparency. There then follows an analysis of English and EC provisions on guarantees, as well as of relevant US law. Particular consideration is given to the relationship between consumer guarantees and statutory rights.

Author : Linda S. Abrams,Kevin Patrick McGuinness
Publisher : Unknown
Page : 1204 pages
File Size : 44,9 Mb
Release : 2008-05
Category : Civil procedure
ISBN : 0433457449

Get Book

Canadian Civil Procedure Law by Linda S. Abrams,Kevin Patrick McGuinness Pdf

Author : James O'Donovan,John C. Phillips
Publisher : Lawbook Company
Page : 968 pages
File Size : 44,9 Mb
Release : 1996
Category : Law
ISBN : STANFORD:36105062257618

Get Book

The Modern Contract of Guarantee by James O'Donovan,John C. Phillips Pdf

Author : Colyar
Publisher : Unknown
Page : 448 pages
File Size : 43,7 Mb
Release : 1874
Category : Electronic
ISBN : UBBE:UBBE-00099606

Get Book

A Treatise on the Law of Guarantees and of Principle and Surety by Colyar Pdf