Civil Code section 2799

In an assumption of liability as surety in connection with a contract, the terms of which are not then settled, it is implied that its terms shall be such as will not expose the surety to greater risks than he would incur under those terms which are most common in similar contracts at the place where the principal contract is to be performed.

Source: Section 2799, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=CIV§ionNum=2799.­ (updated Jan. 1, 1939; accessed Sep. 14, 2026).

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Verified:
Sep. 14, 2026

§ 2799's source at ca​.gov