Download or read book The Conclusive Evidence Clause in Guarantees and Indemnities written by Eng Siang Tay and published by . This book was released on 2014 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article intends to discuss the importance and usefulness of the "conclusive evidence clause" in guarantees and indemnities and to what extent such clause has assisted the bankers and creditors in their pursuit of the applications for summary judgment against the guarantors. This article will also examine the exceptions/defenses available to the guarantors to oppose this so-called 'one-sided' clause.

Download or read book Law of Guarantees written by Geraldine Mary Andrews and published by Sweet & Maxwell. This book was released on 2011 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Contractual Indemnities written by Wayne Courtney and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Promises of indemnity are found in many kinds of commercial contracts, not just contracts of insurance. This book examines the nature and effect of contractual indemnities outside the insurance context. It is the first work to provide a detailed account of the subject in English law. The book presents a coherent theory of the promise of indemnity while also addressing important practical issues, such as the construction of contractual indemnities. The subject is approached from two perspectives. The foundations are laid by examining general principles applicable to indemnities in various forms. This covers the nature of indemnity promises; general principles of construction; the determination of scope; and the enforcement of indemnities. The approach then moves from the general to the specific, by examining separately particular forms of indemnity. Included among these are indemnities against liability to third parties, and indemnities against default or non-performance by third parties. The book states English law but it draws upon a considerable amount of material from other common law jurisdictions, including Australia, Canada, New Zealand and Singapore. It will appeal to readers from those countries.

Download or read book Refund Guarantees written by Mark Davis and published by CRC Press. This book was released on 2015-05-22 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The English Reports written by and published by . This book was released on 1907 with total page 956 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Bank and Other Guarantees Handbook written by Yann Aubin and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 1392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Familiarity with guarantees and how they function under various national jurisdictions are essential for principals, guarantors, and beneficiaries of international contracts. This enormously useful handbook provides a practical overview of the guarantee regimes in twenty-eight European countries, with country-by-country contributions from regional expert practitioners and academics. For easy comparison, each country report follows the same structure, from preliminary discussion on the provisions of a guarantee to its negotiation, drafting, and enforcement. Focusing on specific issues to consider at every stage, each chapter provides detailed information and guidance on such aspects as the following: . who can issue guarantees; . limitations as to the type of obligations which may be subject to a guarantee; . issues relating to the protection of the contracting parties; . formal requirements which need to be complied with; . stamp duties or other tax payable; . presence of implied terms; . legal framework applicable to joint and several obligations; . modification of the situation; . conditions for release and actions to be taken to ensure a valid release; . opening of bankruptcy proceedings against the principal; . court enforcement; and . incorporation of uniform rules. Each chapter includes references and model guarantee forms that readers can use to draft their own documents. Invaluable to corporate counsel and law firms with an international practice, this peerless handbook will prove the first order of business in trade negotiations across Europe, among European nations themselves as well as with their global partners.

Download or read book The Revised Reports written by and published by . This book was released on 1913 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The English Reports Vice Chancellors courts 1815 1865 written by and published by . This book was released on 1907 with total page 962 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Revised Reports written by Frederick Pollock and published by . This book was released on 1913 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Parliamentary Papers written by Great Britain. Parliament. House of Commons and published by . This book was released on 1923 with total page 926 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Cases Decided in the Court of Session Teind Court Court of Exchequer and House of Lords written by Scotland. Court of Session and published by . This book was released on 1997 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Sessional Papers Printed by Order of the House of Lords Or Presented by Royal Command in the Session written by Great Britain. Parliament. House of Lords and published by . This book was released on 1923 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Powell Smith and Furmston s Building Contract Casebook written by Michael Furmston and published by John Wiley & Sons. This book was released on 2012-02-13 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powell-Smith and Furmston’s Building Contract Casebook The interaction between general principles and the provisions of the standard building and construction contracts is a central feature of construction law. The major part of the law is laid down in decided cases and construction ­professionals should be familiar with these cases, but the information is scattered throughout a large number of law reports. The fifth edition of Powell-Smith and Furmston’s Building Contract Casebook is designed to help ­construction professionals become familiar with those key cases. It brings together a wide range of cases on the main aspects of the law of construction contracts, states the principle established by each case and gives a summary of the facts and the decision. For the majority of cases, verbatim ­extracts from the judgment are included. The casebook presents the leading cases on each topic, together with many lesser-known but important decisions. A number of useful decisions from the Commonwealth are also included. Throughout, the author’s approach is practical rather than academic.

Download or read book Supreme Court Appellate Division First Department written by and published by . This book was released on with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Modern Contract of Guarantee written by James O'Donovan and published by Lawbook Company. This book was released on 1996 with total page 968 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Demand Guarantees in International Trade written by Anthony Pierce and published by . This book was released on 1993 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a practical guide to the law relating to all forms of pollution arising on agricultural land. This book first reviews general environmental laws as they apply to agriculture, then describes the different forms of farm pollution, examining the relevant law for each one

Download or read book Contractual Estoppel written by Alexander Trukhtanov and published by Taylor & Francis. This book was released on 2022-03-29 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this book continues to offer the first and only comprehensive account of contractual estoppel, now made fully up to date with reference to the most recent cases. Contractual estoppel, a new and exciting development in the common law, is ever more widely employed and keeps showing itself of considerable practical utility. The book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. The doctrine continues to develop and the second edition tracks, catalogues, discusses and explains its multifarious applications, limits and niceties. In this title, the author, Alexander Trukhtanov, maintains the principal doctrinal claim of the first edition that contractual estoppel is a not misnomer, anomaly or distortion of reliance-based categories of estoppel, but its own category of legal estoppel. The book is a single point of reference for a systematic and organised exposition of the subject and an explanation of how it fits into existing law. It is practice-oriented but engages with important conceptual points. Contractual Estoppel will be of interest to practitioners, whether draftsmen, litigators or advocates, as well as academics and post-graduate students of contract law.