In another guarantee case decided in March, this time at first instance, the court allowed a claim for summary judgment on a guarantee where, again, there was dispute as to the contract which had been guaranteed.
The guarantee set out that it was a guarantee in relation to the payment of liabilities under a contract defined as “contract number 12345S” and which was dated on or about the date of the guarantee and entitled “Letter of Agreement and Terms of Business”. The claimant was able to bring to court a contract dated on or about the date of the guarantee, made between the correct parties, and with the correct title. However, the contract did not show contract number 12345S.
Upholding the terms of the guarantee, the court held that it was clear this contract was being guaranteed, and that the omission of the contract number was non-material. There was no issue that the defendant could have been in any doubt as to the obligations it was guaranteeing pursuant to a contract of which it was fully aware.
Zenithoptimedia Limited v Wall Group Limited