Holme v Brunskill (1878) 3 QBD 495

Leases: Joint liability and lease guarantors

Mark Pawlowski explores the rules governing liability of joint tenants and their guarantors for rent under the lease ‘A guarantor for the obligations of the original tenant is invariably a party to the lease. In other words, the guarantor’s covenant is made with the landlord and the latter can sue on the direct covenant between …

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Guarantees: Getting off the hook

David Sawtell considers recent case law on guarantees ‘A surety is discharged if the creditor agrees with the principal debtor to vary the terms of the contract agreed unless it is self-evident that the variation is unsubstantial or one which cannot be prejudicial to the guarantor.’Guarantees play an important role in commercial agreements, allowing parties …

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Guarantees: Satisfaction guaranteed?

Rod Cowper examines recent approaches to the interpretation of guarantees ‘The only practical guidance that can be offered is that those having the benefit of a guarantee of a contract which is to be amended substantively ought to ensure that the guarantor is made aware of and consents expressly to the variations.’ Although judicial piercing …

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