Guarantee | Indemnity |
01. In case of guarantee, there are three parties i.e. the Creditor (party), the Principal Debtor (in his favour guarantee issued) and Surety (bank). | 01. In case of indemnity, there are two parties i.e. Indemnifier (Promisor) and Indemnified (Promisee). |
02. The liability of surety is secondary. | 02. The liability of indemnifier is primary. |
03. In case of guarantee, there is always existing debt. | 03. The liability of the indemnifier arises only on the happening of the event. |
04. The guarantor undertakes obligation at the request of the Principal Debtor. | 04. Indemnity is given without any request, expressed or implied. |
05. Guarantor can sue the Principal Debtor in case of Revocation. | 05. Indemnifier cannot sue third parties unless there is the assignment. |
Thursday, July 29, 2010
Difference between Guarantee and Indemnity: 01
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