Guarantor

Guarantor meaning

A guarantor is someone, like a parent or close relative, who agrees to pay your rent if you default. If you do not pay what you owe to your landlord, they have the right to ask your guarantor to pay the amount instead. Your landlord has the legal right to sue your guarantor if they fail to make their payments. This idea has universal applicability, but it is of particular importance in the context of the connection that exists between a guarantor and the primary debtor, as well as the relationship that exists between a dealer and a hirer in hire-purchase contracts.

An example is shown in Shanklin Pier v Detel Products [1951] 2 KB 854 the claimants, who are the owners of a pier, entered into a contract with a contractor in order to have the pier repaired and repainted. The parties to this contract, the claimants, were granted the authority to make recommendations on the kind of paint that was to be used by the contractor. As a result of the claimants' reliance on the defendants' representations to them concerning the quality of the paint produced by the defendants and the suitability of the paint for painting the pier, the claimants specified the paint to the contractor, who then purchased the required quantity of paint from the defendants. It turned out that the paint was not at all appropriate for painting the pier. The claimants argued that the claims made to them by the defendants about the appropriateness of the paint were guarantees that were issued in consideration of their designating the paint to their contractor and that these warranties were legally enforceable. It was decided that the defendants' words constituted a legally enforceable guarantee; the claimants' violation of this warranty entitled them to monetary compensation.

Law books

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