With Regard to Guarantees, Which of the Following Is False

question 36

Multiple Choice

With regard to guarantees, which of the following is false?

• A) A guarantor can use any defence against the creditor that the debtor could use.
• B) A legally binding promise to be primarily responsible for someone else's obligation is an indemnity.
• C) A verbal guarantee is as enforceable as a written one.
• D) Subrogation can result in a guarantor's being able to sue successfully the very debtor whose obligation he guaranteed.
• E) A legally enforceable guarantee must satisfy all the elements required to create a binding contract.

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Definitions:

Advisory Memorandum

A document offering recommendations and detailed advice on a particular topic, often used in legal and business contexts.

Lawsuit

A legal case brought to a court of law in which one party sues another for a wrongdoing or dispute resolution.

Statute

A written law passed by a legislative body at the national or local level.

Common Law

A body of unwritten laws based on legal precedents established by the courts.