What is a Cautioner?

A cautioner is a person who provides a guarantee or surety for another person's debt or obligation. In other words, a cautioner is someone who takes on the responsibility of paying back a debt if the primary borrower fails to do so.

In the context of Scottish law, a cautioner is someone who provides a "caution" or security for the payment of a debt or other obligation. This can be done by providing a sum of money or other assets as collateral to ensure that the debt will be paid. If the primary borrower fails to pay the debt, the cautioner is responsible for covering the amount owed.

In modern times, the use of cautioners has largely been replaced by more formal and structured forms of credit, such as loans and mortgages. However, the concept of a cautioner can still be found in some legal contexts, particularly in relation to historical debts or obligations that have not been fully discharged.