The warranty may also have other restrictions. For example, if the loan is secured because the borrower does not have the normal 10 per cent down payment, the deposit can only be held responsible for that 10 per cent. The agreement may also provide for the release of the liability of the bond as soon as a certain amount of equity is reached. The usual procedure for applying liability in the context of a guarantee in England is an action before the High Court or County Court. The creditor is also permitted to compensate or compensate the creditor in the case of a security action against him. On the other hand, the guarantee can now benefit, in any jurisdiction in which the guarantee appeal is pending, any compensation that may exist between the principal debtor and the creditor. If one of several guarantees for the same debt is pursued by the creditor or its guarantee, it may request, through a third-party complaint, a contribution from its co-guarantee to the shared liability. Independent proof of the bond`s liability must always be provided during the negotiation. The creditor cannot rely on confessions or judgments or arbitration decisions against the principal debtor. [60] [61] The second condition is Lord Tenterden`s Law,[13] which states that there is « no action to incriminate a person on or on the basis of insurance or insurance given to another person with respect to character, conduct, credit, bargaining ability or trade, that that other person may obtain credit. , money or goods, unless the undertaking or undertaking is signed in writing by the party that is invoiced here. [14] Lord Tenterden`s law, which applies to registered companies and individuals,[15] was necessitated by circumvention of the Fraud Act, treatment of the guarantee of a debt, default or miscarriage, other than in writing as a fraudulent submission resulting in prejudice for an unlawful act. [16] [17] The agreement may create an absolute or unconditional guarantee that commits the surety for the debt if, for whatever reason, the borrower is in default.

Or the agreement can only oblige the guarantor if certain conditions are met. For example, it may require the lender to first open all remedies against the borrower before going to the payment guarantor. With respect to the nature of the notification or memorandum of the guarantee that the law of fraudsters will comply, « do not make a special commitment to incriminate by a person, after the adoption of that act, the fault, delay or miscarriage of another person, in writing and signed by the party, or any other person authorized by him legitimately. , is deemed invalid to support a legal action, action or other procedure to incriminate the person who would have been the subject of such a commitment only because the consideration of that undertaking does not appear in writing or by the necessary conclusion of a written document. » [22] Any writing that embodied the terms of the agreement between the parties and which will be signed by the party to be raised is compliant; and the idea of the agreement should not be in the mind of the person who signed it. [23] However, it is necessary that the names of the contracting parties appear in writing somewhere; That the mandated party or its agent should sign the agreement or any other document relating to it; and that there is a full agreement on the transcript or memorandum.