Guarantees May Consist Of Many Documents

Golden Ocean Group Limited v Salgaocar Mining Industries PVT Limited [2011] EWHC 56 (Comm)

This case consisted of a claim under a guarantee on defendants in Goa. The defendants applied to have the Order to serve set aside on the grounds that the guarantee was unenforceable under the Statute of Frauds Act 1677, as it had not been signed by them.

The High Court dismissed the application. If there were said to have been an agreement in writing, the court would look to those documents which were said to constitute the agreement, however many there may be. In a contracts made by an exchange of emails, that involved looking at more than two documents (i.e. the offer and acceptance), partly because there were underlying agreements involved here and partly because the last offer will not be intelligible without reference to preceding offers. The Statute of Frauds (which requires guarantees to be in writing) was concerned to see that guarantees are embodied in an agreement. If on a proper analysis of the...

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