NOT YET PUBLISHED
Rowlatt on Principal and Surety combines concise authority with in-depth commentary and analysis of the law of suretyship and guarantees. Regularly cited in court, this well-known title examines the fundamental concepts and the latest developments in this area of law. It is a must-have companion for all commercial lawyers.
- Provides an accessible account of the law of suretyship and guarantees
- Sets out definitions and interpretations allowing easy access to all the salient points when preparing for a case or advising clients
- Addresses the issues particular to performance bonds, the type of guarantee of particular relevance for domestic and international commerce
- Clearly delineates the scope of the law applicable to principals and surety
- Defines the consideration necessary in different contexts of a surety being provided
- Sets out the means by which contracts may construct and give effect to guarantees
- Examines the circumstances under which a contract may be set aside - for reasons of mistake, misrepresentation or concealment – or void – for reasons of illegality, duress and undue influence
- Presents the rights of a surety and creditor both under the contract and in being released from the contract (including in the event of bankruptcy or insolvency of the principal).
- Explores the applicability of the Statutes of Limitation
- Distinguishes sureties from bills of exchange and negotiable instruments
- Considers the specific issues relating to sureties for tenancy, construction contracts and consumer credit.
- Appendices enable ease of reference to the relevant provisions of selected statutes, including the Unfair Contract Terms Acts 1977 and 1999, the Statute of Frauds 1677, the Consumer Credit Act 1974.