The following Banking & Finance practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out certain key cases and associated relevant content in relation to guarantees. The cases are divided by topic area and include:
cases relating to the characteristics of guarantees
cases relating to the formalities required to create a guarantee
cases relating to undue influence when taking a guarantee from an individual
cases relating to guarantor rights
cases relating to guarantor protections and varying the underlying transaction
cases relating to the rights and obligations of co-guarantors, and
cases relating to the discharge or release of a guarantee
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The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring infrastructure, with the potential to deliver a project more efficiently and economically. One of the most popular PPP models for procuring infrastructure
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
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