Guarantee, in law, a contract to answer for the payment of some debt, or the performance of some duty, in the event of the failure of another person who is primarily liable. The agreement is expressly conditioned upon a breach by the principal debtor. The debtor is not a party to the guarantee, and the guarantor is not a party to the principal obligation. A contract of guarantee must be distinguished from a contract of indemnity, in which the indemnitor is primarily liable if the conditions of the agreement are fulfilled. The distinction is important, for a contract of guarantee, unlike one of indemnity, is not enforceable unless it is evidenced by some note or memorandum in writing.
Recht, Verbrechen & Bestrafung