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.
Commercial Law | Law
Phillips, John and Chen, Michelle.
The Law of Guarantees: Balancing the Interests of the Parties. (2014). 2013 Jones Day Professorship of Commercial Law Lecture.
Available at: http://ink.library.smu.edu.sg/jday_lect/2