The Modern Contract of Guarantee
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By: James O'Donovan, John C. Phillips
Currently in its third Australian edition, this text offers an authoritative treatment of commercial credit and security. This UK edition has been re-written to emphasize British law and focuses on the liability of a surety to pay a commercial debt if the principal borrower does not.
AI Overview
"The Modern Contract of Guarantee" by James O'Donovan and John C. Phillips is a comprehensive legal reference work that provides detailed insights into the law of guarantees. Here is a summary of the book's key themes, plot summary, and critical reception:
Key Themes
- Law of Guarantees: The book is a detailed reference work on the law of guarantees, covering various aspects of guarantee contracts.
- Validity and Construction: It provides practical insights into the validity and construction of guarantees, helping readers understand how these contracts are formed and interpreted.
- Avoiding Discharge: The book offers guidance on how to avoid a guarantee being discharged, which is crucial for ensuring the enforceability of these contracts.
- Enforcement Difficulties: It discusses common difficulties with enforcement, providing strategies for overcoming these challenges.
- Drafting Guidance: The book includes drafting guidance, which is essential for legal professionals and practitioners looking to draft effective guarantee contracts.
- Comparative Analysis: It offers a comparative discussion of developments in England and Commonwealth countries, providing a broader perspective on the law of guarantees.
Plot Summary
The book does not have a narrative plot in the classical sense. Instead, it is structured as a reference work, with each chapter focusing on different aspects of the law of guarantees. The content is organized to provide practical insights and legal guidance, making it a valuable resource for legal professionals, students, and practitioners.
Critical Reception
- Book Review: The book has received positive reviews for its comprehensive coverage of the law of guarantees. A review in "Arbitration: The International Journal of Arbitration, Mediation and Dispute Management" praises the book for its detailed insights and practical guidance, noting that it is a valuable resource for those working in the field of guarantees.
- Practical Insights: The book is commended for providing practical insights into complex legal issues, making it a useful tool for both theoretical understanding and practical application.
Editions and Availability
The book has been published in multiple editions, with the 4th edition being the most recent. It is available in both print and digital formats, offering online and offline access to thousands of legal and tax titles.
In summary, "The Modern Contract of Guarantee" by James O'Donovan and John C. Phillips is a definitive reference work on the law of guarantees, offering practical insights, drafting guidance, and a comparative analysis of developments in England and Commonwealth countries. Its comprehensive coverage and positive reception make it a valuable resource for legal professionals and students.