The Restatement of Suretyship and Guaranty: A Translation for the Practitioner

    By Thomas Scott Leo and Daniel Mungall Jr

    The Restatement of Suretyship and Guaranty: A Translation for the Practitioner

    The Restatement of Suretyship and Guaranty: A Translation for the Practitioner

    By Thomas Scott Leo and Daniel Mungall Jr

    Often used and cited by courts and scholars, this book focuses on the application of broad suretyship principles in all jurisdictions. As the Restatement often uses difficult or outdated language, this translation provides an explanation of how its rules and commentary impact the surety law practitioner. Through commentary and clear explanation, it offers a guide to help make the practitioner more comfortable with the Restatement provisions and their application.
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    The Restatement of Suretyship and Guaranty provides you with a discussion and outline as to how the Restatement rules and commentary might impact the everyday surety law practitioner and company representative. The Restatement uses language that is not commonly used by practitioners, which ultimately renders the text unapproachable to the everyday practitioner. Terminology that is unusual in surety practice has perhaps caused practitioners to only reluctantly refer to the Restatement in researching and advocating surety issues. Although more than 140 cases have cited the new Restatement, practitioners are not comfortable with the language, adopted largely from the commercial banking practice. The authors provide you with a translation of the Restatement and bring it into language that is reader-friendly. They outline some of the most helpful Restatement provisions making it easier for the practitioner to understand and utilize the Restatement provisions. Many of the Restatement rules are, in fact, formulated in ways that are helpful to the practitioner. In addition, the authors address how the Restatement rules are inconsistent with precedent and practice or describe the process of how the advisors formulated compromises. By doing this, their goal is to show you how the Restatement drafting process may have succeeded or failed in reaching clear rules that can address the full range of transactions.

     

    Product Details

    Publishers

    ABA Book Publishing

    ISBN

    9781590314982

    Page Count

    190

    Product Code

    5190382

    Trim Size

    6 x 9 Paperback

    Publication Date

    2/1/2005 12:00:00 AM

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