Written by attorneys · grounded in primary & secondary sources — see below
A person or entity that agrees to be responsible for another’s debt or contractual performance if the other fails to pay or perform. The guarantor’s liability is secondary and arises only after the principal obligor defaults.
Sources & Authorities
How it applies
Common Examples
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Work Product Protection for Guarantor Documents
Glenn Gross guaranteed a loan from Gateway Bank to Golden Gate Logistics. When the borrower defaulted, Gateway sued Glenn. Glenn’s attorney prepared memos analyzing settlement options in anticipation of trial. Gateway sought those memos in discovery. The court denied the request because the materials were prepared for litigation and Gateway showed no substantial need.
Temporary Impracticability and Guarantor Duty
Gretchen Graham guaranteed a supply contract between Grandview Holdings and Great Lakes Steel. A temporary plant shutdown made performance impracticable for thirty days. Once the shutdown ended, performance was not materially more burdensome. Gretchen remained liable on the guaranty because the temporary impracticability merely suspended the principal duty.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Continuing Jurisdiction Over Guarantor Support Order
Gwen Gallagher guaranteed child support payments owed by Gareth Glover under a State A order. Gareth later moved to State B. State A retained jurisdiction to modify the order because it remained the residence of the child at the time of the modification request.
Appurtenant Burden on Guarantor Servitude
Grace Gupta guaranteed performance of a covenant running with land owned by Giselle Guerrero. The covenant required maintenance of a shared driveway. The burden was appurtenant because a successor owner could perform the duty more reasonably than the original guarantor after transfer.
Negotiable Note and Guarantor Waiver
Gateway Bank held a note signed by Glenn Gross as guarantor. The note contained a clause waiving any law protecting an obligor. That clause did not destroy negotiability because it fell within the permitted category of waivers under the UCC definition of instrument.
Consent Jurisdiction for Guarantor Modification
Gretchen Graham guaranteed a support order issued in State A. After the obligor and child moved, the parties filed a written consent in State A court. State A retained continuing exclusive jurisdiction to modify the order because of the parties’ recorded consent.
Common questions
Frequently Asked
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Does a guarantor’s promise to answer for another’s debt require a signed writing?+
Yes. A promise by one person to answer for the duty of another is a classic suretyship undertaking that falls within the statute of frauds. Absent an applicable exception such as full performance, the promise is unenforceable unless evidenced by a writing signed by the party to be charged.
Supporting sources
When is a guarantor considered an intended beneficiary rather than an incidental one?+
A guarantor is an intended beneficiary when the contract manifests an intention to confer a right on the guarantor to enforce performance that satisfies the promisee’s debt. Recognition of that right effectuates the parties’ intention under Restatement (Second) of Contracts § 302(1)(a).
Supporting sources
Can an executor’s oral promise to pay a decedent’s debt as guarantor be enforced without a writing?+
No. An executor’s personal promise to answer for the decedent’s obligations is subject to the statute of frauds executor-administrator provision. Without a signed writing the promise is unenforceable and the executor incurs no personal liability.
Supporting sources
411 U.S. 677 (1973)Constitutional Law
…of our system that legal burdens should bear some relationship to individual responsibility . . . .” Weber v. Aetna Casualty & Surety Co. , 406 U. S. 164, 175 (1972). And what differentiates sex from such nonsuspect statuses as intelligence or physical disability, and aligns it with the recognized suspect criteria, is…