Law of Guarantees
Law of Guarantees

Author: Geraldine Mary Andrews

Publisher: Sweet & Maxwell

Published: 2011

Total Pages: 925

ISBN-13: 0414044711

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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.

Refund Guarantees
Refund Guarantees

Author: Mark Davis

Publisher: CRC Press

Published: 2015-05-22

Total Pages: 224

ISBN-13: 131774618X

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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.

International Loans, Bonds, Guarantees, Legal Opinions
International Loans, Bonds, Guarantees, Legal Opinions

Author: Philip R. Wood

Publisher: Sweet & Maxwell

Published: 2007

Total Pages: 493

ISBN-13: 1847032087

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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.

The Modern Contract of Guarantee
The Modern Contract of Guarantee

Author: James O'Donovan

Publisher:

Published: 2010

Total Pages: 969

ISBN-13: 9781847035691

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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.

The Law of Guaranties
The Law of Guaranties

Author: Jeremy S. Friedberg

Publisher: American Bar Association

Published: 2013

Total Pages: 0

ISBN-13: 9781614388050

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Includes chapters on all the states of the United States, and a chapter each on the Equal Credit Opportunity Act's restrictions regarding guaranties, the District of Columbia, Canada, Quebec, and Puerto Rico.

Principles of Shared Responsibility in International Law
Principles of Shared Responsibility in International Law

Author: André Nollkaemper

Publisher: Cambridge University Press

Published: 2014-12-04

Total Pages: 399

ISBN-13: 1316195384

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The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.