Napolean wanted to borrow money from the Bank of Winnipeg. The bank was not, however, fully convinced that Napolean would be able to repay the debt. It therefore wanted some assurance from Napolean's mother, Josephine, that she would repay the loan if necessary. Which of the following statements is most likely to be TRUE?
A) If Josephine's promise is properly classified as an indemnity, then the bank cannot demand payment from her unless Napolean has first refused to pay.
B) If Josephine's promise is not evidenced in writing, and if such writing is required by statute, then neither Josephine nor Napolean needs to repay the loan.
C) If it was not evidenced in writing, Josephine's promise will certainly be enforceable if it was a guarantee, but it may not be enforceable if it was an indemnity.
D) If Josephine's promise must be evidenced in writing in order to be enforceable, than the contract will be unenforceable unless both Josephine and the bank sign the relevant document.
E) If Josephine's promise must be evidenced in writing in order to be enforceable, the bank may be able to satisfy that requirement by combining several documents even if those documents do not refer to each other.
Correct Answer:
Verified
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