부산대학교 도서관

Discusses the nature of performance bonds and assesses the scope for them to be abused by a beneficiary calling on them when the underlying transaction has not been broken or has been duly performed. Outlines international approaches to addressing this problem. Considers how the English courts have been reluctant to restrain payments in such cases by way of an interim order due to: (1) the position of the bank; (2) the desire to hold the Principal to the bargain; and (3) public interest concerns. Examines circumstances in which interim relief has been made available.