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Thursday, July 29, 2010

Difference between Guarantee and Indemnity: 01


























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.

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