Access the full text.
Sign up today, get DeepDyve free for 14 days.
K. Llewellyn (1931)
WHAT PRICE CONTRACT? -AN ESSAY IN PERSPECTIVEYale Law Journal, 40
Peter Alces (1983)
The Efficacy of Guaranty Contracts in Sophisticated Commercial TransactionsNorth Carolina Law Review, 61
F. Richard (1963)
Notice Requirements of Guaranty ContractsMichigan Law Review, 62
Marshall Tracht (2000)
Insider Guaranties in Bankruptcy: A Framework for AnalysisUniversity of Miami law review, 54
H. Willis
The Statute of Frauds - A Legal AnachronismIndiana Law Journal, 3
E. Peters (1968)
Suretyship Under Article 3 of the Uniform Commercial CodeYale Law Journal, 77
AbstractGuaranties and suretyships reduce the risk of default and today remain essential arrangements in many commercial and consumer transactions. A guarantor or surety promises to pay for the debt of a third party and may become primarily liable on that debt. Despite the significance of such a promise and the resulting obligation, U.S. law does not clearly distinguish between a guarantor and surety in a consumer or commercial context. This is of particular relevance, because in a consumer context a guaranty often has a gratuitous or sentimental element and a guarantor may not always be fully aware of the risks and liabilities involved with a guarantee promise. U.S. law generally considers guaranties and suretyships simply as third-party beneficiary contracts to which common law contract principles apply. This, in turn, makes guaranties and suretyships primarily a state law concern, resulting in significant differences of suretyship laws among all U.S. jurisdictions. As such, the U.S. lacks a uniform body of law in this area and makes consumer protection in a guaranty and suretyship context perfunctory at best.
American Journal of Comparative Law – Oxford University Press
Published: Jul 1, 2014
Read and print from thousands of top scholarly journals.
Already have an account? Log in
Bookmark this article. You can see your Bookmarks on your DeepDyve Library.
To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.
Copy and paste the desired citation format or use the link below to download a file formatted for EndNote
Access the full text.
Sign up today, get DeepDyve free for 14 days.
All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.