The Law Relating to Guarantees  

The Law Relating to Guarantees

ISBN 978-983-3519-16-3
Author: Nasser Hamid
Binding: Softcover/ 938 pages
Publication Price: MYR 290.00
The law is stated as of March 31, 2009

The law relating to guarantees as the name suggests provides the law relating to contracts of guarantees from the perspective of the parties to such a contract. The Law Relating to Guarantees begins with an examination of the Nature of a Contract of Guarantee, the Formation of the Contract of Guarantee and Vitiating Factors. Chapter 4 entitled Actions on Guarantees provides a practical look at the many situations reflected in decided cases of the suits premised on contracts of guarantees. It discusses causes of action, limitation periods, triable issues and so forth.

The common thread that permeates the law on guarantees is the question of interpretation of the contract of guarantees to determine the nature of obligations of the parties. To emphasise the importance of the construction of contracts of guarantees, Chapter 3 delves into the specific area of the Interpretation of Guarantees. In view of the fact that guarantors or sureties upon whom a secondary or contingent liability is imposed are the most likely to be called upon to make good their promise under a contract of guarantee, the largest chapter in The Law Relating to Guarantees, that is Chapter 6, entitled The Surety specifically deals with the rights, obligations and liabilities of the guarantor or surety.

Extensive research has been embarked upon to present all the relevant principles garnered from decided cases from the United Kingdom, Australia, New Zealand, Canada, India, Singapore and Malaysia. Extracts from key case law are provided where necessary. The book will be an asset to practitioners due to its breath of coverage, scope and detail. It is comprehensive with thorough review of case law and legislation.

Topics Covered At a Glance:

  • Guarantees
  • Contracts of guarantees
  • Interpretation of guarantees
  • Actions on guarantees
  • Demand
  • The surety

Download full Table of Contents for this book here