Women's Guarantees and 'All Moneys' Clauses
AbstractThe inclusion of onerous 'all moneys' clauses presented in standard form guarantee and mortgage documents is the source of dispute in many cases involving women who provide guarantees to support the debts of family businesses. The use of these clauses may be objectionable because of unfairness in the circumstances or procedures surrounding the taking of the guarantee or because the substantive terms of the contract are themselves unfair. This paper considers a number of preventative strategies which target the use of onerous 'all moneys' clauses in guarantees.
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