Jose purchases a refrigerator on credit with a one-year guarantee,but it is defective and the dealer refuses to repair it.His fiancé is a surety on his promise to pay.If Jose refuses to make further payments and the dealer tries to collect from Jose's fiancé,what defense can his fiancé use for not paying the creditor?
A)None.A surety cannot use any defenses.
B)Inducement of the contract by fraud or duress.
C)Lack of capacity.
D)Breach of warranty.

Question

Quizplus · Accepted Answer

A surety can use any defenses if they go to the merits of the primary contract.Breach of warranty could be used by the surety as a basis for not paying the dealer.

Jose Purchases a Refrigerator on Credit with a One-Year Guarantee,but