Against theft

An example of a guarantee against theft is also found.[712]

Of full value of property sold

A warrant against defects in a slave is very common. The seller warrants that if the slave prove to have certain undisclosed defects, vices, or liabilities, which would detract from his value to the buyer, the seller will indemnify the buyer. This indemnification seems to be effected by a return of the purchase-money and accepting the slave back. [pg 270] But, in some cases, the seller returned part of the purchase-money according to a fixed scale of allowances. In the sale of an estate, the seller guarantees that he will indemnify the buyer in case of any defect of title to sell, or any lien upon the estate.

Against suits at law

Very common at all times was a personal guarantee not to dispute the compact entered into. In fact, this may always be said to be assumed. The oaths by which parties swore to observe the terms of the compact are a form of this guarantee. The penalties, so prominent in Assyrian times, are voluntary undertakings to forfeit stated sums, if found attempting to go behind the contract.

Of the value of securities

As the pledge did not always leave the debtor's possession, the creditor only had a lien upon it. Hence the giver of the pledge had to guarantee that no creditor had a previous lien upon it. This is also extremely common. A slave pledged for debt might run away. His labor as the offset against the interest was thus annulled. The borrower then becomes liable for the interest lost to the creditor.[713]