Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

THE WARDENS AND COMMONALTY OF THE MYSTERY OF MERCERS OF THE CITY OF LONDON v. NEW HAMPSHIRE INSURANCE CO.

[1992] 2 Lloyd's Rep. 365

COURT OF APPEAL

Before Lord Justice Parker, Lord Justice Nolan and Lord Justice Scott

Contract - Performance bond - Construction - Defendants provided advance payment bond in respect of building contract - Builders in receivership - Plaintiffs claimed under bond - Defendants alleged plaintiffs in breach of contract - Whether bond guaranteed performance of contract - Whether plaintiffs’ breach discharged defendants from liability under bond.

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