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===United States=== In the United States, but not apparently elsewhere, there is a distinction between a '''surety''' and a '''guarantor'''. A surety is usually bound with the principal, at the same time and on the same [[consideration]], while the contract of a guarantor is his own separate undertaking and the guarantor is not liable until [[due diligence]] has been exerted to compel the principal debtor to make good any default. There is no [[privity of contract]] between a surety and the principal debtor. Rather, the surety contracts with the creditor and is not jointly liable to the creditor.{{sfn|de Colyar|1911|p=652}}<ref>''Bain'' v. ''Cooper'', 1 Dowl. R. (N.S.) 11, 14</ref>
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