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United Kingdom
guaranteeconclusive evidence clausederivatives
Directors rely on Sucden Financial v Fluxo-Cane
[2009] EWHC 3555 (QB)
Key Principle
A 'conclusive evidence' clause in a guarantee, under which a broker's notice of default is conclusive evidence of the guarantor's liability, is effective and entitles the broker to judgment for the guaranteed balance following close-out of the client's positions.
Area of Law
General
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