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17 Vitiating elements in the contract of suretyship

Refund Guarantees

17 Vitiating elements in the contract of suretyship Introduction 17.1 Where the refund guarantor has been induced to enter into the refund guarantee by misrepresentation, illegality, duress, undue influence, mistake or fraud, the guarantee will be void or voidable, and therefore unenforceable. These issues rarely arise in practice in the context of refund guarantees, but are discussed briefly below.

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