West Bromwich Commercial Ltd v Unadkat
The Defendant failed to establish any clear or unequivocal promise limiting enforceability of the guarantees to rent voids; the written guarantees are enforceable according to their terms, and oral assurances, even if made, do not override the contractual documents or create collateral warranties or estoppel.
- Parties
- Claimant: West Bromwich Commercial Limited; Defendant: Mukesh Unadkat
- Jurisdiction
- England and Wales
- Judgment Date
- 09 March 2018
- Procedural Posture
- Commercial Claim on Guarantees / Final Judgment After Trial
- Outcome
- Claim allowed
- Legal Topics
- Guarantees, Collateral Warranty, Estoppel, Interpretation of Contractual Clauses, Ostensible Authority
Case Brief
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Parties
West Bromwich Commercial Limited
Claimant
Mukesh Unadkat
Defendant
Procedural Posture
Commercial Claim on Guarantees / Final Judgment After Trial
Legal Issues
- 1 Whether oral assurances limited enforceability of written guarantees
- 2 Whether collateral warranty or estoppel arose from oral representations
- 3 Interpretation of facility letters and guarantee documents
Ratio Decidendi
The Defendant failed to establish any clear or unequivocal promise limiting enforceability of the guarantees to rent voids; the written guarantees are enforceable according to their terms, and oral assurances, even if made, do not override the contractual documents or create collateral warranties or estoppel.
Court Disposition
Claim allowed
Orders
- Defendant liable to pay Claimant under the guarantees up to the stated limits
- Guarantees enforceable according to their written terms
Full Case Text
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