Description
Author: Michael Lenihan
Guarantees in New Zealand sets out and explains the substantive rules of law in respect of guarantees in a uniquely domestic context.
This work follows the scope of the law of guarantees and provides in-depth commentary and analysis of key principles established across the Commonwealth, and explores their applications and interaction within New Zealand regulatory frameworks and common law – the first text dedicated to guarantees in New Zealand.
The book contains 13 chapters, starting by introducing characteristics and contrasts of guarantees. It then moves into chapters on contractual requirements, formal requirements, interpretation, vitiating factors, liability, discharge and rights of guarantors, then to insolvency, leases, and a comparison of surety guarantees against demand guarantees. It has been carefully constructed as a logical and organised research text, with each topic carrying a concise summary of main principles before leading to a detailed analysis.
Guarantees in New Zealand is a must-have for those who practice, study and advise in the field of commercial law.
New Zealand has long needed a text of its own on this subject. Too long we have had to make do with the English and Australian texts. While providing excellent accounts of the law in their own jurisdictions, they do not address our particular legislation and barely scratch the surface of our case law. That omission has now been rectified by Mr Lenihan’s splendid volume. He is to be congratulated for all the industry and insight he has brought to this endeavour.
The Honourable Sir Stephen Kós KC, Judge of the Supreme Court of New Zealand
Table of Contents
Foreword The Honourable Stephen Kós
Chapter 1 Characteristics and Contrasts
Chapter 2 Contractual Requirements
Chapter 3 Formal Requirements
Chapter 4 The Interpretation of Guarantees
Chapter 5 Vitiating Factors
Chapter 6 The Liability of the Guarantor
Chapter 7 Discharge of the Guarantor
Chapter 8 The Rights of the Guarantor Against the Creditor
Chapter 9 The Rights of the Guarantor Against the Debtor
Chapter 10 The Rights of the Guarantor Against Co-guarantors
Chapter 11 Insolvency
Chapter 12 Leases
Chapter 13 Surety Guarantees Compared to Demand Guarantees
Table of Cases
Table of Statutes and Regulations
Subject Index
