PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.
A recent case confirms the doctrine that for a guarantee to be valid, it must be in writing and clear.
It involved an extremely badly drafted document in which a man purported to guarantee the performance of a management agreement relating to a number of flats.
The agreement was so poorly worded, however, that the court held that it was uncertain what the man had agreed to: the attempt to make him liable under the purported guarantee therefore failed.
In this case, the problem arose because the parties to the agreement attempted a ‘do it yourself’ solution, rather than arranging to have the relevant documents drafted by a qualified person. This proved to be an expensive ‘economy’ for the party that sought to enforce it.
In order to make sure you are properly protected, there is no substitute for having documents professionally drafted and properly executed. If you wish to undertake any form of legal agreement, contact us for advice and assistance.