This work is a comprehensive analysis of the doctrines, principles, and policies of suretyship law. It is the Institute’s first examination of the law of suretyship in more than half a century and addresses dramatic developments in this area as modern contract theory and the policies embodied in the Uniform Commercial Code have been embraced by courts and commentators. This volume supersedes Division II of the Restatement of Security (1941), the Institute’s previous treatment of the subject.
Neil B. Cohen, Brooklyn Law School
Daniel Mungall, Jr., Philadelphia, Pennsylvania
This Restatement contains chapters addressing formation, enforcement, rules applicable to, and interpretation of secondary obligations. As well as rights and recourse of obligors and obliges. It was formerly called Restatement of the Law Third, Suretyship.
Hardbound | 5542 | 1996 | 361 pages | $72.00
Summary of Contents
1. Transactions Governed by Law of Suretyship and Guaranty
2. Formation, Enforcement, and Interpretation of the Secondary Obligation
3. Incidents of Suretyship Status
4. Multiple Secondary Obligors
5. Enforcement of Secondary Obligations
6. Rules Applicable to Particular Secondary Obligations
Table of Cases
Table of Statutes
Table of Cross References to Digest System Key Numbers and ALR Annotations
In the Institute’s Restatement tradition, this authoritative volume combines clear black-letter provisions with extensive explanatory Comments, clarifying Illustrations, and detailed Reporter’s Notes.
The Restatement will be supplemented by an Annual Pocket Part which also contains citations to the Restatement of Security.
This Cumulative Annual Supplement contains all citations, through June 2021, to the Restatement of the Law Third, Suretyship and Guaranty (1996). It also contains all citations, for the same period, to the Restatement of the Law of Security (1941). Although Division II of the Restatement of Security, titled “Suretyship,” has been entirely superseded by the new Restatement of Suretyship and Guaranty, and Division I, titled “Personal Property as Security,” has been largely superseded by Article 9 of the Uniform Commercial Code, the Institute will continue to publish citations to the Restatement of Security in this Supplement for the reader’s convenience. Citations to the Restatement of Security appear ﬁrst, followed by citations to the Restatement Third, Suretyship and Guaranty.
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