A misdescription of a guarantor's name in a guarantee document is a simple misnomer correctable as a matter of construction where the identity of the guarantor is otherwise apparent from the document (e.g., address, contact details). Where a second contract expressly states it 'replaces' the first but the changes are within the scope of options contemplated by the first contract, it is arguable that the second contract is merely a variation, and guarantees referable to the first contract survive. A guarantee may be construed as securing an obligation evidenced by a separate certificate rather than obligations contained within the underlying contract itself, with the consequence that the guarantee survives termination of the contract.
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