A guarantee that makes the guarantor liable if the buyer 'breaches the Contract' is triggered by an anticipatory breach (repudiation accepted by the innocent party), not merely by actual non-performance of a contractual term. No demand on the guarantor is required before liability accrues unless the guarantee expressly provides for one. The principle of finality in litigation applies to summary judgment applications such that a party who fails to raise a defence at first instance will not ordinarily be permitted to raise it on appeal.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
3 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.