Notes on Family Guarantees in English and Scottish Law — A Comment

Abstract

This comment takes the example of the Dietzinger case and considers it from the perspective of the law in the UK, where the case has received virtually no attention. The credit guarantee issues raised by the Dietzinger case are resolved in the UK by reference to common law and equitable principles, notably concerned with undue influence. By contrast the avenue that has been explored to resolve these issues in German literature and case law if the application of the Doorstep Selling Directive. While the approach of the courts in the UK is not in itself problematic - particularly as many cases deal with the guarantee of business loans, which the European Court of Justice has confirmed are not covered by the Directive - the potential impact of the Directive on private law should not be ignored.