guarantee

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Guarantee

The assumption of responsibility for payment of a debt or performance of some obligation if the liable party fails to perform to expectations.

Guarantee

A promise made by a third party to provide payment on a bond, loan, or other liability in the event of default. While many guarantees apply to debt instruments, they may also be used in day-to-day life. For example, a parent may sign a guarantee with a rental agency promising to pay rent on behalf of an adult child if he/she does not do it. Banks often make guarantees on behalf of certain clients, but, just as often, private parties make guarantees to banks to promise payment on private loans. Guarantees reduce the risk to loans and liabilities, and usually improve the credit agency ratings of bonds.

guarantee

or

warranty

a legally binding promise by the seller of a product to the purchaser that in the event of the product failing to work properly the seller will either replace or repair it free of charge, or refund the purchase price. Guarantees and warranties usually operate for a limited time-period from the date of purchase, though some products like cars may relate guarantee conditions to both time and mileage. Guarantees and warranties are an important means of promoting a product, in so far as they assure the buyer about the product's expected QUALITY and reliability. See CUSTOMER SERVICE, MARKETING MIX.

guarantee

see QUALITY.

guarantee

The act itself,or also the document,whereby one agrees to pay a debt if the principal obligor does not. Under common law, creditors had to exhaust their remedies against a debtor before pursuing a guarantor.Today, almost all guarantee instruments contain clauses allowing the creditor to seek payment directly from the guarantor if there has been a default by the debtor. Guarantee agreements must be in writing to be enforceable.Usually,there must be some consideration passing to the guarantor unless the instrument creating the obligation (note, lease) is signed at the same time as the guarantee,in which case the law assumes the guarantor has some interest in the transaction.

References in periodicals archive ?
In the 11th Council District, Encino attorney Robert Glushon, who is endorsed by Riordan and Valley leaders, faces Maureen Kindel, who was backed by labor but dropped out of the race Wednesday.
Issues of mortgage-backed securities can also be backed by the Government National Mortgage Association (GNMA), a government agency backed by the full faith and credit of the U.
Studio City attorney David Fleming, who co-sponsored Proposition 8, voiced concern that the elected charter reform commission might be dominated by candidates backed by unions and City Council members.
Many issues of mortgage-backed securities are either guaranteed directly by GNMA, a government agency backed by the full faith and credit of the U.
The securities are backed by beneficial interests in a pool of new retail closed-end automobile lease contracts underwritten and serviced by General Motors Acceptance Corp.