posted on 2024-11-14, 00:36authored byCharles Chew
This article looks at the feasibility of imposing a duty on the lender to explain the meaning and effect of a guarantee to the prospective guarantor (to reduce the information asymmetry) - a concept which has traditionally been resisted by the common law. It takes a comparative approach and includes perspectives from English, Australian and New Zealand jurisdictions.
History
Citation
C. YC. Chew, 'The duty to explain a guarantee by the bank: an ephemeral concept?' (2012) 27 (10) Butterworths Journal of International Banking and Financial Law 620-623.
Journal title
Butterworths Journal of International Banking and Financial Law