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Encyclopedia > Surety

A surety is a person who agrees to be responsible for the debt or obligation of another. The situation in which a surety is most typically required is when the ability of the primary obligor or principal to perform its obligations under a contract is in question, or when there is some public or private interest which requires protection from the consequences of the principal's default or delinquency. In common law jurisdictions, a contract of suretyship is subject to the statute of frauds and is only enforceable if memorialized by a writing signed by the surety. A principal is: The head of an institution. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The Statute of Frauds refers to a requirement in many common law jurisdictions that certain kinds of transactions, typically contractual obligations, be evidenced by a writing signed by the party against whom enforcement is sought, or by their authorized agent. ...


If the surety is required to pay or perform due to the principal's failure to do so, the law will usually give the surety a right of subrogation, allowing him to recover the cost to him of making payment or performance on the principal's behalf, even in the absence of an express agreement to that effect between the surety and the principal. Subrogation is best known as a concept of insurance law, although it can be applied outside the law of insurance, although the general laws against maintenance and champerty would otherwise prevent such an arrangement. ...


Under Article 3 of the Uniform Commercial Code, a person who signs a negotiable instrument as a surety is termed an accommodation party; such a party may be able to assert defenses to the enforcement of an instrument not available to the maker of the instrument. The Uniform Commercial Code is one of the Uniform Acts that attempts to harmonise the law of the fifty U.S. states in the United States of America. ... Negotiable instruments include: stock certificates bonds checks promissory notes certain letters of credit deeds securities Categories: Finance | Stub ...


See also

Guarantee (sometimes spelt guarantie or guaranty; an O. Fr. ... A surety bond is a contract between at least three parties: (i) the principal, (ii) the obligee, and (iii) the surety. ...

External Links

Surety Bond Information


  Results from FactBites:
 
Sandia National Laboratories - Surety Workshop -Weapons Surety (967 words)
Surety is a level of confidence that a system will operate exactly as planned under both expected and unexpected circumstances.
Sandia’s surety strategy is transcending its Cold War origins through partnerships with other federal agencies, the Department of Energy, private industry, and universities to help manage the new 21st Century challenges with a new level of confidence.
The fourth level of surety uses–to the extent possible–only the laws of nature and mathematics to assure safety and reliability, preclude unintended consequences, and continually move toward the goal of absolute surety.
  More results at FactBites »


 

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