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Guarantee


Guarantee
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Law Of Guarantees


Law Of Guarantees
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Author : Geraldine Mary Andrews
language : en
Publisher:
Release Date : 2005

Law Of Guarantees written by Geraldine Mary Andrews and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.


Regarded as the leading work on guarantees, this book discusses the law relating to contracts where one party agrees to be answerable for debts or obligations of another to a third party. It deals with guarantees in loans, consumer credit, hire purchase, landlord and tenant, building contracts and commercial contracts. * Examines the practical and legal questions that arise on a daily basis * Includes worked examples and checklists to aid understanding * Contains specimen pleadings and precedents * Explains recent case law, including Royal Bank of Scotland v Etridge and the many cases on performance bonds * Analyses the recent changes in Consumer Credit legislation * Includes discussion of the ICC uniform rules for Demand Guarantees



The Law Of Guarantee


The Law Of Guarantee
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Author : Kevin Patrick McGuinness
language : en
Publisher: Scarborough, Ont. : Carswell
Release Date : 1996

The Law Of Guarantee written by Kevin Patrick McGuinness and has been published by Scarborough, Ont. : Carswell this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Indemnity against liability categories.


This new edition of the leading Canadian text on the law of guarantees provides full coverage of both the law and practice in this area. An invaluable source of reference for practitioners throughout the Commonwealth, it cites over 1,500 cases, with in-depth analysis of recent decisions such as Pax Management v. CIBC on the effect of creditor misconduct and Barclay's Bank v. O'Brien on spousal guarantees. This edition has been substantially revised and updated with: - Citation of hundreds of new Canadian and Commonwealth cases - New commentary on key issues such as insurance contracts and the impact of consumer credit legislation - Greatly expanded coverage of corporate guarantees, duty of good faith in contract and breach of fiduciary duty.



The Modern Contract Of Guarantee


The Modern Contract Of Guarantee
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Author : James O'Donovan
language : en
Publisher:
Release Date : 2010

The Modern Contract Of Guarantee written by James O'Donovan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Suretyship and guaranty categories.


This English edition of a classic text on the subject of commercial credit and security has been re-written to emphasise English law, and focuses on the liability of a surety to pay a commercial debt if the principal borrower does not. The coverage includes: analysis of the factors affecting the validity of the guarantee such as duress and undue influence and the liability of the lender for the acts of the principal borrower; construction of guarantees and the meaning of clauses commonly inserted in guarantees; special principles applicable to guarantees being discharged, and how the lender can guard against that eventuality; difficulties in enforcing guarantees; and rights of guarantors, including rights of set off, indemnity and contribution.



Credit Guarantees


Credit Guarantees
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Author : Michael Gudger
language : en
Publisher: Food & Agriculture Org.
Release Date : 1998

Credit Guarantees written by Michael Gudger and has been published by Food & Agriculture Org. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Political Science categories.


The problem of collateral is a daily issue for lenders and causes much debate in the development finance community. Given the difficulties experienced in arranging traditional forms of loan security, such as land or chattel mortgages, various collateral substitutes have been proposed. Among the substitutes for traditional collateral is the loan guarantee. Guarantee systems for loans have been proposed, planned and implemented in various countries. The assumption made by proponents of such a service is that the guarantee organization is either better informed about the risk of the loan than the lender or it is better structured financially to be able to manage the risk. Despite the apparent attractiveness of a loan guarantee, the empirical evidence available gives little encouragement. Nevertheless, interest in guarantees continues.



The World Bank Group Guarantee Instruments 1990 2007


The World Bank Group Guarantee Instruments 1990 2007
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Author :
language : en
Publisher: World Bank Publications
Release Date : 2009

The World Bank Group Guarantee Instruments 1990 2007 written by and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.


Foreign direct investment and private capital flows are highly concentrated geographically, with almost half of them reaching the top five destinations. These flows tend to evade many high-risk countries, with the exception of those directed to extractive industries. Regulatory and contractual risks, particularly in infrastructure, have inhibited investments in many parts of the developing world. A core objective of the World Bank Group (WBG) has been to support the flow of private investment for development; guarantees and insurance have been among the instruments that the Group has used to p.



How To Strengthen The Management Of Government Guarantees


How To Strengthen The Management Of Government Guarantees
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Author : International Monetary Fund. Fiscal Affairs Dept.
language : en
Publisher: International Monetary Fund
Release Date : 2017-10-19

How To Strengthen The Management Of Government Guarantees written by International Monetary Fund. Fiscal Affairs Dept. and has been published by International Monetary Fund this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-19 with Business & Economics categories.


This note highlights commonly observed weaknesses in the management of government guarantees, good practices, and measures governments could take to strengthen: (i) the evaluation of guarantee proposals; (ii) the quantification of risks arising from guarantees and their mitigation; and (iii) the budgeting, accounting, monitoring, and disclosure of guarantees.



Innovations In Guarantees For Development


Innovations In Guarantees For Development
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Author : Romina Bandura
language : en
Publisher: Rowman & Littlefield
Release Date : 2019-11-29

Innovations In Guarantees For Development written by Romina Bandura and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-29 with Political Science categories.


Bilateral and multilateral development agencies use guarantees in order to reduce investors’ exposure to risks and to attract private capital to developing countries. A guarantee is a legally-binding agreement under which the guarantor agrees to pay part or all of the amount due on a loan, or other financial instrument, in the event of non-payment. Across the developing world, there are places where having access to the right guarantee product will enable investments that would otherwise have been blocked—where the returns are there, but the risks involved simply exceed market tolerances, or where regulations limit investors’ ability to bear risk. These opportunities are waiting to be seized by bilateral development agencies and development finance institutions (DFIs), who have the flexibility to innovate. Multilateral development banks (MDBs) are the dominant providers of guarantees in certain market segments, where their ability to influence government behavior and to reduce (rather than merely reallocate) risks on the ground gives them a natural advantage. That said, their accounting practices, treatment by regulators, and business models can also constrain them. In other market segments, specialized guarantee providers or DFIs can create tailored guarantees, pricing them in a way that creates a commercially appealing proposition whilst still earning market rates of return on their capital. This report sets out to present the virtues and shortcomings of scaling the use of guarantees, with a special focus on opportunities for innovation by actors that operate outside the established MDB business model. Since guarantees are not a form of financial flow (unless circumstances require calling the guarantee, with the guarantor assuming the debt of the borrower), they differ from other development finance instruments in terms of structuring, costs, and objectives.



Bank Guarantees In International Trade


Bank Guarantees In International Trade
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Author : Roeland I. V. F. Bertrams
language : en
Publisher: Kluwer Law International
Release Date : 2004

Bank Guarantees In International Trade written by Roeland I. V. F. Bertrams and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.


For decades, this remarkable book - now in its updated fourth edition - has served practitioners in international trade and banking law as a thorough 'codification' of the law and practice of bank guarantees. The new edition has been thoroughly revised, updated, and amended in the light of new developments in the law and changing patterns in practice. Bertrams uses case law, arbitral decisions, and legal writing from five European jurisdictions - The Netherlands, Germany, France, Belgium, and England - to build an analysis of how the practical applications of bank guarantees have established a pattern of law. The new edition takes into account all legal and arbitral decisions and relevant legal writing through 2012 from these countries, as well from other European countries and the United States. Written from a transnational perspective, Bank Guarantees in International Trade can be used in both civil and common law jurisdictions and it has been cited as an authoritative source of case law in several jurisdictions from each system. With reference throughout to the effect and significance of the Uniform Rules for Demand Guarantees (URDG) of the International Chamber of Commerce, International Standby Practices (ISP), and the UNCITRAL Convention on Independent Guarantees and Stand-by Letters of Credit, the author continuously elucidates the way guarantees function in actual practice and the numerous practical aspects and issues to which they give rise. The analysis covers the following subjects and much else: types of guarantee (tender, performance, maintenance, repayment, retention); payment mechanisms (first demand, third-party documents, arbitral or court decision); risks and negotiations, drafting and clauses; bank guarantees as a financial service, the bank's perspective; direct and indirect guarantees, counter-guarantees; formation, enforceability of expiry dates, assignment and transfer; demand for payment and the rule of strict compliance; fraud and restraining orders; applicable law and jurisdiction; reference to URDG 2010 revision and ISP98 throughout the text. In addition to his thorough coverage of law and legal writing, the author has drawn on intensive contacts with the banking community, construction firms, export credit insurance companies, and local lawyers. His insight into 'the daily life' of the world of independent (first demand) guarantees and the practices, difficulties, and peculiarities in a great number of countries and regions, including the Middle East and North Africa, cannot be matched in any other source. Bank guarantees can present major difficulties, and this book is the lawyer's best guide in any situation likely to arise. As a comprehensive study of the legal and practical aspects of bank guarantees and standby letters of credit, it offers practitioners in international trade law the most complete analysis of banking law in the field. In its wealth of practical detail, it is unlikely to be surpassed.



The Law Of Guarantees In Singapore And Malaysia


The Law Of Guarantees In Singapore And Malaysia
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Author : Kee Yang Low
language : en
Publisher: MICHIE
Release Date : 1992

The Law Of Guarantees In Singapore And Malaysia written by Kee Yang Low and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Suretyship and guaranty categories.




Refund Guarantees


Refund Guarantees
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Author : Mark Davis
language : en
Publisher: CRC Press
Release Date : 2015-05-22

Refund Guarantees written by Mark Davis and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-22 with Law categories.


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.