The court considered whether a document was a guarantee requiring the formality of the 1677 Act, or an indemnity.
Held: The appeal failed. The letter agreement was properly a contract of guarantee which foundered on the subsequent variation.
Citations:
[2009] EWCA Civ 189
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Lep Air Services v Rolloswin Investments Ltd; Moschi v LEP Air Services HL 1973
The obligation of a guarantor under a contract ‘is not an obligation himself to pay a sum of money to the creditor, but an obligation to see to it that another person, the debtor, does something.’ When a repudiatory breach is accepted by the injured . .
Appeal From – Associated British Ports v Ferryways Nv and Another Comc 13-Jun-2008
The parties had contracted for the provision of berths for ferry traffic through Ipswich. Various performance promises were given. . .
Cited – Motemtronic Limited v Autocar Equipment Limited CA 20-Jun-1996
The parties said: ‘Mrs Ford: Where would money come from if M [the principal debtor] had to repay andpound;1 million? Colin Searle [the second defendant, M’s chairman]: From wherever in the group the money was at the relevant time. I’ll make sure it . .
Cited – Kleinwort Benson Ltd v Malaysia Mining Corporation 1988
The bank sought to enforce ‘letters of comfort’ provided by the parent company of the bank’s debtor.
Held: The bank succeeded. . .
Cited – Kleinwort Benson Ltd v Malaysia Mining Corporation CA 1989
The court at first instance had found enforceable a letter of comfort provided by the parent company of the bank’s client.
Held: The appeal succeeded. Ralph Gibson LJ said: ‘The court would not, merely because the parties had referred to the . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 23 July 2022; Ref: scu.322737