Mike promises to pay Mary's debt if she fails to do so. If Tom sues Mike without suing Mary, what is Mike's role?

In this scenario, Mike's role as someone who promises to pay Mary's debt if she does not fulfill her obligation characterizes him as a surety. A surety is a person or entity that takes on the responsibility for another's performance of an obligation, which in this case involves meeting Mary’s debt if she fails to do so.

The distinction between a surety and other roles is important. A guarantor, while similar, typically provides a secondary assurance that an obligation will be met, but the primary party is often included in any legal action, whereas a surety directly undertakes the obligation and is fully responsible for it if the primary party—here, Mary—fails to perform.

A third-party beneficiary, on the other hand, refers to someone who benefits from a contract made between two other parties but does not assume any obligations related to that contract. In this situation, Mary and Mike are the primary parties involved, making it clear that Mike’s role does not fit within the definition of a third-party beneficiary.

Thus, identifying Mike as a surety accurately reflects his legal obligation in the event that Mary does not fulfill her debt. This role encompasses both the responsibility he carries and the context of legal actions that could arise involving the debt