guarantee
Sign in to saveA guarantee is a form of transaction in which one person, to obtain some trust, confidence or credit for another, agrees to be answerable for them. It may also designate a treaty through which claims, rights or possessions are secured. It is to be differentiated from the colloquial "personal guarantee" in that a guarantee is a legal concept which produces an economic effect. A personal guarantee, by contrast, is often used to refer to a promise made by an individual which is supported by, or assured through, the word of the individual. In the same way, a guarantee produces a legal effect where
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Encyclopedic overview
21 sectionsContents
- Etymology
- Common law
- England
- Statute of frauds
- United States
- Other common law jurisdictions
- Civil law
- Contract law
- Cross guarantees
- Liability
- Termination of liability
- Limitation of liability
- Enforcement of liability
- Rights of surety against the creditor
- Rights of surety against other sureties
- Discharge of liability
- Personal liability
- See also
- References
- Attribution
- External links
A guarantee is a form of transaction in which one person, to obtain some trust, confidence or credit for another, agrees to be answerable for them. It may also designate a treaty through which claims, rights or possessions are secured. It is to be differentiated from the colloquial "personal guarantee" in that a guarantee is a legal concept which produces an economic effect. A personal guarantee, by contrast, is often used to refer to a promise made by an individual which is supported by, or assured through, the word of the individual. In the same way, a guarantee produces a legal effect wherein one party affirms the promise of another (usually to pay) by promising to themselves pay if default occurs.
In legal terminology, the giver of a guarantee is called the surety or the "guarantor". The person to whom the guarantee is given is the creditor or the "obligee"; while the person whose payment or performance is secured thereby is termed "the obligor", "the principal debtor", or simply "the principal".
Excerpted from Wikipedia’s “guarantee” article, available under the CC BY-SA 4.0 licence.