In English law, a guarantee is a contract in which the person (the surety) terminates a contract for the payment of a debt or the performance of an obligation by a third party who is primarily responsible for that payment or performance. The extent of the debt that the guarantor owes to this debt is co-extended with the commitment of the third party.  This is a guarantee contract which does not erase the initial payment or performance obligation and is subject to the main obligation.  If the initial commitment fails, it will be disregarded. In England, there are two forms of guarantee, (1) which favour a conditional payment, the guarantor paying in case of failure of the main obligation. With this form, the warranty is not applicable until an error occurs.  (2) A « see-to-it » obligation in which the guarantor is required to ensure that the principal fulfils the obligation. However, if that is the case, the creditor may, in the absence of an explicit agreement to the contrary, sue the guarantor without informing him of such a delay before the proceedings against the principal debtor, nor recourse to guarantees for the debt received by the latter. In countries where municipal law is based on civil law, guarantors generally have the right (which they can do without, however) to compel the creditor to insist that the goods, etc., etc., be first « discussed », i.e.
valued and sold, to liquidate the secured debt before the collateral is used.  This right « corresponds to a healthy sense of justice and the natural equality of humanity. »  In England, this right has never been fully recognized, neither in America nor in Scotland.  Warranty is a legal concept that is more comprehensive and important than warranty or « security ». . . .