Guarantee or indemnity? Conclusive evidence clauses
By Robert Syms
In ABM Amro Commercial Finance plc v McGinn and others  EWHC, the court considered whether deeds intending to indemnify a factor’s losses under an invoice discounting agreement were an indemnity or a guarantee.
In addition, the court looked at the operation and effectiveness of a conclusive evidence clause.
Guarantees and indemnities are central to the strategy of financial risk management in many commercial contracts and lending relationships…
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