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Simple English definitions for legal terms
secondary party
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A quick definition of secondary party:
A secondary party is someone who is not primarily responsible for a legal document, like a guarantor or someone who signs a negotiable instrument. This means that if the primary party fails to fulfill their obligations, the secondary party may be held responsible instead.
A more thorough explanation:
A secondary party is a term used in commercial law to refer to a party who is not primarily liable under an instrument. This means that they are not the main person responsible for fulfilling the obligations of the agreement.
For example, a guarantor is a secondary party because they are not the primary borrower, but they have agreed to pay back the debt if the borrower defaults. Another example is the drawer or indorser of a negotiable instrument, such as a check or promissory note. They are not the person who will ultimately pay the amount due, but they are responsible for ensuring that the instrument is valid and can be cashed.
These examples illustrate the definition of a secondary party because they show that these parties are not the primary obligor in the agreement, but they have some level of responsibility or liability. They are secondary to the primary party, who is the main person responsible for fulfilling the obligations of the agreement.