cautioner

A cautioner is a person who undertakes to secure the performance of another party’s obligation, typically by providing a guarantee, bond, or other form of security. The term is most commonly used in Scots law, though the basic idea exists in many legal systems under terms such as guarantor or surety.

In Scottish practice, a caution is a formal undertaking given to a creditor or court in which the cautioner agrees to be responsible if the principal debtor fails to fulfill the obligation. The liability of the cautioner is defined by the terms of the instrument creating the security, including the scope, duration, and amount of liability. If the principal debtor defaults, the creditor may pursue the cautioner for payment or performance, subject to the conditions stated in the caution. The cautioner may then seek recourse against the principal debtor for reimbursement, depending on the terms and applicable law.

Cautioners appear in various contexts, such as bonds, leases, loan agreements, and other contractual arrangements where creditworthiness or assurance of performance is required. The arrangement serves to reduce risk for the obligee and to provide a remedy should the principal fail to meet obligations.

The term cautioner is less common outside Scotland, where terms like guarantor or surety are typically used. The concept remains an example of a third-party commitment to ensure the fulfillment of another’s duty, creating a secondary obligation alongside the principal obligation.