The Law of Guarantees: Balancing the Interests of the Parties

The guarantor has often been viewed as being in a vulnerable position, deserving of the law's protection. Certainly there need to be legal mechanisms to protect the guarantor’s interests. But this presentation also argues that some aspects of the law of guarantees, as well as some relevant cont...

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Main Authors: Phillips, John, Chen, Michelle
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2014
Subjects:
Law
Online Access:https://ink.library.smu.edu.sg/jday_lect/2
https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=1001&context=jday_lect
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spelling sg-smu-ink.jday_lect-10012018-07-10T06:52:16Z The Law of Guarantees: Balancing the Interests of the Parties Phillips, John Chen, Michelle The guarantor has often been viewed as being in a vulnerable position, deserving of the law's protection. Certainly there need to be legal mechanisms to protect the guarantor’s interests. But this presentation also argues that some aspects of the law of guarantees, as well as some relevant contractual principles, operate unfairly against the interests of lenders and others who seek to enforce a contract of guarantee. An analysis will be made of some of the defences that may be raised by guarantors, for example, as a result of circumstances surrounding the execution of the guarantee, or upon a restructuring arrangement. It is the speaker’s view that the law needs to adopt a balanced approach, recognising the interests of the guarantor but also reflecting the fact that the law should not impede the effectiveness of the guarantee as a commercial security. 2014-04-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/jday_lect/2 https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=1001&context=jday_lect http://creativecommons.org/licenses/by-nc-nd/4.0/ 2013 Jones Day Professorship of Commercial Law Lecture eng Institutional Knowledge at Singapore Management University Commercial Law Law
institution Singapore Management University
building SMU Libraries
country Singapore
collection InK@SMU
language English
topic Commercial Law
Law
spellingShingle Commercial Law
Law
Phillips, John
Chen, Michelle
The Law of Guarantees: Balancing the Interests of the Parties
description The guarantor has often been viewed as being in a vulnerable position, deserving of the law's protection. Certainly there need to be legal mechanisms to protect the guarantor’s interests. But this presentation also argues that some aspects of the law of guarantees, as well as some relevant contractual principles, operate unfairly against the interests of lenders and others who seek to enforce a contract of guarantee. An analysis will be made of some of the defences that may be raised by guarantors, for example, as a result of circumstances surrounding the execution of the guarantee, or upon a restructuring arrangement. It is the speaker’s view that the law needs to adopt a balanced approach, recognising the interests of the guarantor but also reflecting the fact that the law should not impede the effectiveness of the guarantee as a commercial security.
format text
author Phillips, John
Chen, Michelle
author_facet Phillips, John
Chen, Michelle
author_sort Phillips, John
title The Law of Guarantees: Balancing the Interests of the Parties
title_short The Law of Guarantees: Balancing the Interests of the Parties
title_full The Law of Guarantees: Balancing the Interests of the Parties
title_fullStr The Law of Guarantees: Balancing the Interests of the Parties
title_full_unstemmed The Law of Guarantees: Balancing the Interests of the Parties
title_sort law of guarantees: balancing the interests of the parties
publisher Institutional Knowledge at Singapore Management University
publishDate 2014
url https://ink.library.smu.edu.sg/jday_lect/2
https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=1001&context=jday_lect
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