The surety may refuse to satisfy the creditor as long as the creditor has not attempted without success to obtain compulsory enforcement against the principal debtor (defence of failure to pursue remedies). Where the surety raises the defence of failure to pursue remedies, the limitation of the claim of the creditor against the surety is suspended until the creditor has attempted without success to obtain compulsory enforcement against the principal debtor.
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Book 2 · Law of obligations › Title 20 · Suretyship › Section 771
Defence of failure to pursue remedies
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