We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

15 Anti-discharge provisions and the purview doctrine

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

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more