Understanding Guarantees - Key Issues & Latest Cases

Introduction

Are you confident in your understanding of guarantees and how recent case law might affect your practice?

This new course will look at guarantees, examine issues frequently encountered in practice and provide a review of the latest case law.

This course is designed for lawyers and other professionals seeking to refresh their knowledge and catch up with latest developments, as well as those with no previous knowledge of guarantees.

What You Will Learn

This course will cover the following:

• Common forms of guarantees
• Formal requirements for a guarantee
• Effect of variation or discharge of borrower’s obligations
• Rights of a guarantor against co-guarantors and against the borrower
• Common defences to guarantee claims - misrepresentation, fraud, mistake, non-disclosure, undue influence, unconscionable bargain, unfair relationships
• Guarantees given by company directors
• Guarantee of tenant’s obligations under a lease
• Guarantees and insolvency
• Position of guarantor in liquidation/administration
• Effect of a CVA on directors’ guarantees