Statute of Frauds 1677: Primary legislation requiring guarantees to be in writing and signed by the parties to be enforceable
Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract or guarantee
Consumer Credit Act 1974: Legislation that must be considered if the guaranteed payment agreement involves any form of consumer credit
Consumer Rights Act 2015: Key legislation to consider if one of the parties to the agreement is acting as a consumer
Law of Contract Principles: Fundamental principles including consideration, offer, acceptance, and intention to create legal relations
Common Law Guarantee Principles: Established case law and principles specifically relating to guarantees under English common law
Contractual Interpretation Principles: Legal principles governing how terms in the agreement will be interpreted by courts
Financial Services and Markets Act 2000: Regulatory framework to consider if the guaranteed payment relates to financial services
FCA Regulations: Financial Conduct Authority regulations that may apply if the agreement involves regulated financial activities
Money Laundering Regulations 2017: Regulations to consider if the guaranteed payment agreement involves significant financial transactions
Capacity Requirements: Legal principles regarding the parties' legal capacity to enter into the guarantee agreement
Enforceability Provisions: Legal requirements for ensuring the guarantee agreement is enforceable under English law
Default and Remedy Provisions: Legal framework governing default scenarios and available remedies under English law
Assignment Rights: Legal principles governing the ability to assign rights and obligations under the guarantee
Termination Provisions: Legal framework for the valid termination of guarantee obligations
