Zlotnik incorporated a company shortly after graduation.The company bought a truck and a computer.Short of operating capital,the company,through its agent Zlotnik,borrowed $10 000 from the bank.In consideration for its loan,the bank took,in addition to the company's promise to pay the bank both principal and interest,a mortgage of its truck and computer.The company made its payment each month without incident.For reasons still unknown,the stock market took a tremendous fall,which caused the officer of the bank to call Zlotnik and ask him to guarantee the company's debt.The company was doing very well,so Zlotnik agreed to be guarantor of the debt.His oral assurances were sufficient for the bank officer.On these facts,which of the following is true?
A) Because Zlotnik's promise is a guarantee and not an indemnity, he automatically becomes the legal person primarily liable on the debt; the company becomes secondarily liable.
B) Zlotnik's promise to guarantee the debt is unenforceable because it is not supported by any consideration flowing from the bank to Zlotnik.
C) Zlotnik's promise to guarantee the debt is void because the guarantee itself is not in writing.
D) Zlotnik's promise to guarantee the debt is enforceable wholly on the grounds that the Statute of Frauds with its writing requirement has been repealed.
E) All guarantees and indemnities must be in writing and under seal to be binding.
Correct Answer:
Verified
Q9: Given the provisions of the Statute of
Q51: When there is a(n) _ (a right
Q55: The case of Canadian Imperial Bank of
Q56: Mr.Buyer,the plaintiff in the action,was attempting to
Q58: Which of the following best describes an
Q59: In which of the following situations would
Q62: Which of the following types of contracts
Q63: An adult can't sue an infant in
Q76: Once infants become adults, they are liable
Q99: Only contracts that involve the commission of
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents