The correct spelling of the phrase "written guaranty" can be confusing to some due to the variation in spellings of "guarantee" and "guaranty". However, in this case, "guaranty" is the correct spelling. It is pronounced /ˈɡærənti/ with a hard "g" sound at the beginning, followed by the "a" sound as in "cat", and ending with the "tee" sound as in "tree". The word "written" is pronounced /ˈrɪtən/, with the emphasis on the first syllable and the "i" pronounced as in "sit".
A written guaranty refers to a legally binding document that serves as an assurance or pledge made by one party to another in guaranteeing the satisfaction of a specified obligation or the performance of a particular duty. It is a formal agreement in writing, outlining the terms and conditions of the guarantee provided.
Typically, a written guaranty involves a guarantor who agrees to assume responsibility or to act as a surety for a debt or obligation owed by another person or entity, commonly known as the principal debtor. This document offers written evidence of the guarantor's commitment to ensure the fulfillment of the obligation, thereby protecting the interests of the lender or recipient.
The written guaranty encompasses key details such as the names and roles of the parties involved, the nature of the obligation being guaranteed, the duration of the guarantee, and any specific terms and conditions that must be met for the guarantee to remain valid. These terms may include the amount or limit of the guaranty, provisions for default or non-payment, responsibilities in case of breach, and any restrictions or waivers outlined by the guarantor.
Additionally, a written guaranty may also specify the legal jurisdiction that governs the agreement and the respective rights and remedies available to the parties in case of dispute or non-compliance.
Overall, a written guaranty provides written assurance and documentation for the protection and enforcement of a specified obligation, serving as a tangible evidence of the commitment made by the guarantor to the creditor or beneficiary.
The word "guaranty" originates from the Old French term "garantie", which was derived from the verb "garantir". In turn, "garantir" can be traced back to the Frankish word "warandjan", which means "to protect" or "to reassure".
The term "written" simply denotes that the guaranty is expressed or recorded in written form, as opposed to being verbal or implied. It emphasizes the importance of having a documented agreement or contract that serves as evidence of a guaranty.