Fairstate Limited v General Enterprise & Management Limited and Atef Sarian [electronic resource]
Fairstate Limited v General Enterprise & Management Limited and Atef Sarian [electronic resource]
-
[2010] EWHC 3072 (QB), 29 November 2010. Considers whether deficiencies in the drafting of a personal guarantee of a management contract can be cured or not. Claimant (F) owner of a block of flats entered into a management contract with defendant (G) whose obligations were guaranteed by (S), a director of G. F sought to recover an agreed fixed monthly sum from G and S. S claimed the guarantee was not binding on him as it was unclear. "Held": HC decided that the guarantee was ineffective and beyond rectification and would have to be rewritten to give it any meaning.
FAIRSTATE LTD V GENERAL ENTERPRISE & MANAGEMENT LTD AND ANOTHER
STATUTE OF FRAUDS 1677 S4
England and Wales--1543-
[2010] EWHC 3072 (QB), 29 November 2010. Considers whether deficiencies in the drafting of a personal guarantee of a management contract can be cured or not. Claimant (F) owner of a block of flats entered into a management contract with defendant (G) whose obligations were guaranteed by (S), a director of G. F sought to recover an agreed fixed monthly sum from G and S. S claimed the guarantee was not binding on him as it was unclear. "Held": HC decided that the guarantee was ineffective and beyond rectification and would have to be rewritten to give it any meaning.
FAIRSTATE LTD V GENERAL ENTERPRISE & MANAGEMENT LTD AND ANOTHER
STATUTE OF FRAUDS 1677 S4
England and Wales--1543-