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HomeCivil CodeDiv. 3Pt. 4Art. 4§ 2810 Surety Liability For Principal

§ 2810 Surety Liability For Principal

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 2810 Surety Liability For Principal

Key Takeaways

  • •If someone promises to pay another person's debt, they still have to pay even if the person who borrowed the money can't be forced to pay because of their own personal problems.
  • •But if the person who borrowed the money doesn't have to pay for another reason, like the debt is canceled, then the person who promised to pay doesn't have to pay either.
  • •If the person who promised to pay knew about a problem with the debt when they agreed to pay, they might still have to pay even if the borrower doesn't.

Example

Your friend asks you to promise their landlord you'll pay the rent if they can't. Later, your friend loses their job and can't pay, but they're also under 18, so the rental agreement isn't valid for them.

Even though your friend isn't legally responsible for the rent because they're under 18, you might still have to pay the landlord because you promised to cover it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 2810 Surety Liability For Principal

A surety is liable, notwithstanding any mere personal disability of the principal, though the disability be such as to make the contract void against the principal; but he is not liable if for any other reason there is no liability upon the part of the principal at the time of the execution of the contract, or the liability of the principal thereafter ceases, unless the surety has assumed liability with knowledge of the existence of the defense. Where the principal is not liable because of mere personal disability, recovery back by the creditor of any res which formed all or part of the consideration for the contract shall have the effect upon the liability of the surety which is attributed to the recovery back of such a res under the law of sales generally. (Amended by Stats. 1939, Ch. 453.)

Last verified: January 21, 2026

Key Terms

suretypersonal disabilityprincipalliabilityconsideration

Related Statutes

  • § 2807 Surety Liability On Default
  • § 2808 Surety Liability And Notice
  • § 2809 Surety Obligation Limits
  • § 2811 Surety Deposit Agreement
  • § 1708.8 Privacy Invasion Liability

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 2810.
View Official Source