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6 Cards in this Set

  • Front
  • Back

Surety

One who is liable for debts or obligations of another

Surety vs Guarantor

Surety - directly liable


Guarantor - liable only if debtor doesn't perform duty to creditor (2nd liable )

How must a surety promise be evidenced?

Statue of frauds (mylegs) in writing

Gratuitous surety vs Compensated sureties

GS - not compensated, any variation of surety risk releases surety, promise made after loan contract won't bind GS. due to lack of consideration




CS - paid surety, material change increasing risk release surety, bound to perform regardless of timing of promise

Surety right against creditor

No right of notice


no right to compel collection


no right to compel creditor to apply security held


debtor defaults - immediately demand payment from surety or debtor or immediately go after collateral (any order)

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