Comments on: “Guaranty” or “Guarantee”? http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/ Fri, 12 Mar 2010 19:08:34 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Ken Adams http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/comment-page-1/#comment-94671 Ken Adams Wed, 13 Jan 2010 23:13:45 +0000 http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/#comment-94671 Katie: The distinction you prefer is the traditional one, so reflecting that distinction in a document wouldn't raise eyebrows. Ken Katie: The distinction you prefer is the traditional one, so reflecting that distinction in a document wouldn’t raise eyebrows. Ken

]]> By: Katie http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/comment-page-1/#comment-94670 Katie Wed, 13 Jan 2010 22:54:32 +0000 http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/#comment-94670 Drafting resolutions related to financing led me to this most interesting and helpful post. I personally feel more comfortable using "guaranty" as a noun and "guarantee" as a verb, though I can't substantiate why. I wonder—would it be a glaring inconsistency to use both spellings in the same document based on this usage? Drafting resolutions related to financing led me to this most interesting and helpful post. I personally feel more comfortable using “guaranty” as a noun and “guarantee” as a verb, though I can’t substantiate why. I wonder—would it be a glaring inconsistency to use both spellings in the same document based on this usage?

]]> By: AdamsDrafting » Blog Archive » “Guarantees That” http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/comment-page-1/#comment-94621 AdamsDrafting » Blog Archive » “Guarantees That” Tue, 05 Jan 2010 02:45:39 +0000 http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/#comment-94621 [...] the way, while we’re on the topic, you might find of interest this October 2006 blog post on guaranty or [...] [...] the way, while we’re on the topic, you might find of interest this October 2006 blog post on guaranty or [...]

]]> By: Dan http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/comment-page-1/#comment-94067 Dan Thu, 10 Dec 2009 17:23:22 +0000 http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/#comment-94067 Thank you! Thank you!

]]> By: Andrew http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/comment-page-1/#comment-92746 Andrew Wed, 29 Jul 2009 00:18:06 +0000 http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/#comment-92746 Super helpful! Thank you for the research! Super helpful! Thank you for the research!

]]> By: Scott W. http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/comment-page-1/#comment-91960 Scott W. Sun, 21 Jun 2009 18:25:55 +0000 http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/#comment-91960 Ken, my 1957 edition of Black's gives the primary definition of "guarantee" as "One to whom a guaranty is made." That has always guided me, and thus I like the "warranty/warrantee" point made in Dr. Kozuh's post. Having said all that, in my corporation I am not only the only person who uses "guaranty," I seem to be the only person who cares about the distinction. "Guarantee" is winning out. All best. Ken, my 1957 edition of Black’s gives the primary definition of “guarantee” as “One to whom a guaranty is made.” That has always guided me, and thus I like the “warranty/warrantee” point made in Dr. Kozuh’s post. Having said all that, in my corporation I am not only the only person who uses “guaranty,” I seem to be the only person who cares about the distinction. “Guarantee” is winning out. All best.

]]> By: Joseph Allen Kozuh, Ph.D. http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/comment-page-1/#comment-69919 Joseph Allen Kozuh, Ph.D. Fri, 07 Nov 2008 18:41:52 +0000 http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/#comment-69919 Dear Ken, Thanks for your research on "guaranty" versus "guarantee"; I found your article via a Google search. As a Mathematician/Scientist, I am disappointed with the messy results. If I were Dictator of the Universe, I would decree that Guaranty/Guarantee must follow the beautiful and logical example of Warranty/Warrantee ... (( Dear Ken,

Thanks for your research on “guaranty” versus “guarantee”; I found your article via a Google search. As a Mathematician/Scientist, I am disappointed with the messy results. If I were Dictator of the Universe, I would decree that Guaranty/Guarantee must follow the beautiful and logical example of Warranty/Warrantee … ((

]]> By: Paul http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/comment-page-1/#comment-67959 Paul Fri, 17 Oct 2008 16:52:34 +0000 http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/#comment-67959 Very interesting and useful article. I'm right now studying real estate contracts and the text I'm using uses "guaranty" as a verb: "the buyer would prefer a warranty deed to guaranty that the title is good..." The book was printed in 2005. Funny enough this same book caused me to do a search for will vs shall less than an hour ago. I honestly think part of the reason these obsolete and seemingly ambiguous terms and word forms are generally restricted to fine print in contracts is to keep people from understanding what the clauses mean without the aid of an attorney. I'm glad there are sites like this that help clear up what could be costly confusions for people like us. Keep up the good work! Very interesting and useful article. I’m right now studying real estate contracts and the text I’m using uses “guaranty” as a verb: “the buyer would prefer a warranty deed to guaranty that the title is good…” The book was printed in 2005.

Funny enough this same book caused me to do a search for will vs shall less than an hour ago.

I honestly think part of the reason these obsolete and seemingly ambiguous terms and word forms are generally restricted to fine print in contracts is to keep people from understanding what the clauses mean without the aid of an attorney. I’m glad there are sites like this that help clear up what could be costly confusions for people like us. Keep up the good work!

]]> By: Ken Adams http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/comment-page-1/#comment-48042 Ken Adams Mon, 24 Mar 2008 17:14:00 +0000 http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/#comment-48042 Jim: Interesting. As noted in my quote from Garner's book, <em>guaranty</em> is an obsolete form of the verb. Ken Jim: Interesting. As noted in my quote from Garner’s book, guaranty is an obsolete form of the verb. Ken

]]> By: Jim http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/comment-page-1/#comment-48041 Jim Mon, 24 Mar 2008 17:07:42 +0000 http://www.adamsdrafting.com/2006/10/05/guaranty-or-guarantee/#comment-48041 Ken, Love your site. Wondering if you can provide further explanation of the terms in the "verb" context. Above you point out that, in the noun sense, the plural of "guaranty" is "guaranties." Would the same hold true for the verb context. I was struck by this in reviewing the recent JP Morgan -- Bear Stearns "Guaranty Agreement" available here: http://graphics8.nytimes.com/images/blogs/dealbook/BSguaranty.pdf Paragraph 1 states: "The Guarantor hereby unconditionally guaranties . . . ." I assume this is correct, but would love your confirmation. Thanks in advance. Ken,
Love your site. Wondering if you can provide further explanation of the terms in the “verb” context. Above you point out that, in the noun sense, the plural of “guaranty” is “guaranties.” Would the same hold true for the verb context. I was struck by this in reviewing the recent JP Morgan — Bear Stearns “Guaranty Agreement” available here: http://graphics8.nytimes.com/images/blogs/dealbook/BSguaranty.pdf

Paragraph 1 states: “The Guarantor hereby unconditionally guaranties . . . .”

I assume this is correct, but would love your confirmation.

Thanks in advance.

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