Refund Guarantees
15
Anti-discharge provisions and the purview doctrine
Introduction
15.1
As explained in Chapter 14, the rule in Holme v Brunskill
1 provides that any material variation of the terms of the underlying contract between the creditor and principal will discharge the guarantor in the case of a guarantee properly so-called, unless the guarantor consents to the amendment. A variation will not be material if it is insubstantial or cannot adversely affect the guarantor.2
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