The court considered the situation where the contract supported by a guarantee had been varied.
Lloyd LJ said: ‘One can perhaps imagine changes falling short of a novation which would yet be so fundamental that they could not properly be described as a variation at all. I will not attempt to say where the line is to be drawn.’ The variation in this case was comparatively minor and could well have been said to be within the ‘purview’ of the original contract.
Judges:
Lloyd LJ
Citations:
(1993) P and CR 282
Jurisdiction:
England and Wales
Cited by:
Cited – Triodos Bank Nv v Dobbs (No 2) CA 24-May-2005
The bank sought payment under a guarantee given by the appellant. The appellant said that the original loan agreement had been varied so as to release him. The loan had been taken out to support a business venture. After the guarantee was signed a . .
Lists of cited by and citing cases may be incomplete.
Contract, Banking
Updated: 17 May 2022; Ref: scu.225454