Thu 30 May 2019

Guarantees and the purview doctrine - An unhelpful encroachment into commercial transactions

It has long been a principle of Scots law that a guarantor (or in proper Scottish legal parlance, a "cautioner") will be discharged from his or her liability under a guarantee (or a "cautionary obligation" in that same parlance) if the underlying contract or arrangement to which the guarantee relates is amended or altered in a material manner without the consent or knowledge of the guarantor.

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