P - Pre-conditions
20/12/13
ALFANO v NATIONAL WESTMINSTER BANK PLC [2013] EWCA Civ 1703
Reviews principles on which a guarantee may be found to have been conditional on giving some other security [33]. If on its face the guarantee is complete and effective, little short of express mention to the Bank’s officers that the guarantee is conditional is sufficient [34]. The trial judge had been entitled to find that guarantee had been delivered when it was signed, even though it had not been dated, and that dating was an immaterial formality carried out shortly afterwards [50].
30/7/12
HARVEY v DUNBAR ASSETS PLC [2013] EWCA Civ 952
A guarantee was not binding on the appellant because it had been intended to be signed by three others and the signature of one of the others had been forged. On its proper construction it was a single composite document which all four had to sign as a pre-condition to its validity.
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