Max and Sylvia Grundy are an elderly couple who were recently persuaded by their nephew to execute a guarantee in favour of a bank that was loaning him money to fund a business venture.They are now having second thoughts.Which of the following might form a basis for the Grundys to avoid liability under the guarantee?
A) The guarantee was not registered with at the Personal Property Security Agency.
B) The court will relieve a guarantor from liability where the guarantor did not receive direct personal benefit from the underlying loan.
C) The Grundys could rely on the acceleration clause contained in the guarantee.
D) A court may relieve a guarantor from liability if it is satisfied that the guarantor did not appreciate the nature and consequences of the guarantee.
Correct Answer:
Verified
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