Restatement of the Law Third,

Suretyship and Guaranty

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.

Reporter:
Neil B. Cohen, Brooklyn Law School, Brooklyn, NY
Associate Reporter:
Daniel Mungall, Jr., Philadelphia, PA

Summary of Contents

Foreword

Chapter 1. Transactions Governed by Law of Suretyship and Guaranty

Chapter 2. Formation, Enforcement, and Interpretation of the Secondary Obligation
Topic 1. Formation of the Secondary Obligation
Topic 2. Enforcement of the Secondary Obligation
Topic 3. Interpretation of the Secondary Obligation

Chapter 3. Incidents of Suretyship Status
Topic 1. General Principles
Topic 2. Secondary Obligor’s Recourse Against Principal Obligor
  Title A. Duty of Performance
Title B. Reimbursement
Title C. Restitution and Subrogation
Topic 3. Obligee’s Rights Against Secondary Obligor—Generally, and as Affected by Acts of Obligee
  Title A. General Principles
Title B. Suretyship Defense
Title C. Obligee’s Enforcement of Underlying Obligation

Chapter 4. Multiple Secondary Obligors
Topic 1. General Principles; Rights of Obligee
Topic 2. Rights of Secondary Obligors
  Title A. Cosuretyship
Title B. Subsuretyship

Chapter 5. Enforcement of Secondary Obligations
Topic 1. Accrual of Actions and Statute of Limitations
Topic 2. Preclusive Effect of Litigation Involving One Obligor
Topic 3. Beneficiaries of Secondary Obligations
Topic 4. Revival of Secondary Obligations

Chapter 6. Rules Applicable to Particular Secondary Obligations
Topic 1. Legally Mandated Bonds
Topic 2. Fidelity Coverage

Table of Cases
Table of Statutes
Table of Cross References to Digest System Key Numbers and ALR Annotations Index
Parallel Tables

Index

Suretyship and Guaranty

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