The following Banking & Finance Q&A Produced in partnership with Emma Horner of 4 Stone Buildings provides comprehensive and up to date legal information covering:
The use of the word 'guarantee' is not determinative as to whether a contract of suretyship is indeed a contract of guarantee. The Court of Appeal decision in IIG Capital shows that using the word 'guarantee' does not always mean the contract will be treated as such; it is a question of construction. Failure to use the term 'guarantee' will not necessarily make a practical difference. It is a question of construction and 'every case must depend upon the true construction of the actual words in which the promise is expressed'. It is therefore important to ensure that the wording of the guarantee clearly provides that the guarantor’s (Z’s) liability is a secondary liability, that the agreement is in writing and signed, and the creditor is a party
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Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
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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