If a Debtor Has a Defense to the Payment of a Debt,can

question 15

Multiple Choice

If a debtor has a defense to the payment of a debt,can a surety or guarantor avoid paying the debt on the basis of the debtor's defense?

• A) yes in the case of sureties, but not in the case of guarantors
• B) yes in the case of breach of contract, but not in the case of a discharge in bankruptcy
• C) yes in the case of a discharge in bankruptcy, but not in the case of breach of contract
• D) yes, in the case of any defense
• E) no, in the case of any defense

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Definitions:

Sale Of Goods Act

Legislation that regulates the sale of goods, ensuring certain standards of quality and fitness for purpose among other sales rights and duties.

Consumer Protection Legislation

Laws and regulations designed to ensure the rights of consumers are protected and to promote fair trade, competition, and accurate information in the marketplace.

Consumer Protection Legislation

Laws enacted to ensure the rights of consumers are protected, aiming to prevent businesses from engaging in fraud or specified unfair practices.

Caveat Emptor

A Latin phrase meaning "let the buyer beware," indicating that the buyer assumes the risk regarding the quality and condition of the product being purchased.