A guarantee contract can be either oral or written. It may, expressly or implicitly, provoke the behaviour of the parties. The status also does not apply to a credere agent`s commitment not to make sales on behalf of his principal, except to persons who are absolutely solvent and makes the agent liable for losses that may result from non-compliance with his or her commitment. The promise to give a guarantee is within the status, but not one, to obtain a guarantee. The general principles that determine what is guaranteed in the Fraud Act are: (1) The primary responsibility of a third party must exist or be taken into account;  (2) the undertaking must be given to the creditor; 3. The guarantee cannot be held liable regardless of an explicit guarantee commitment; 4. The main objective of the parties to the guarantee must be to respect the commitment of a third party;  and (5) The contract concluded must not be reduced to a sale of the creditor to the guarantor of the guarantee of a debt or the debt itself A total failure of the counterparty or an illegal consideration by the guarantor will prevent its execution. Although the mutual consent of two or more parties in all countries is essential to the formation of contracts, reflection is not seen everywhere as a necessary element.  Thus, in Scotland, a treaty can be binding without consideration.  The liability of a guarantee depends on its terms and is not necessarily co-extensive with that of the principal debtor. However, it is clear that the guarantee obligation must not exceed that of the client.  However, according to many existing civil codes, a guarantee that imposes a greater liability on the surety company than that of the client is not cancelled, but merely recalls that of the client.
 However, in India, the responsibility for the guarantee is coextensive, unless contractually liable to the contrary, with that of the client.  In accordance with section 127 of the Act, everything is done or any commitment to the principal debtor is a sufficient consideration of the guarantee for the granting of the guarantee. The consideration must be a new consideration of the creditor and not an earlier consideration. It is not necessary for the surety to receive consideration and sometimes even the creditor`s tolerance to be sufficiently taken into account in the event of a default. In the event of the bankruptcy of the principal debtor, the guarantor may act in England against the liquidator`s estate, not only with respect to payments made before the bankruptcy of the principal debtor, but also, it seems, with respect to the possible liability to be paid under the guarantee.  If the creditor has already acted, the guarantor who made the secured debt usable is entitled to all dividends that the creditor receives from the trustee of the secured debt and instead of the creditor for future dividends.  The guarantee rights against the creditor may even be exercised in England by one of the principal debtors, but which, in the meantime, has become a guarantee by the agreement of its creditor.  The Fraud Act does not invalidate an oral guarantee, but renders it unenforceable.