Which of the following defenses goes to the merits of a primary contract and can be used by a surety?
A) Lack of consideration
B) Lack of capacity
C) Insanity
D) Bankruptcy

Question

Quizplus · Accepted Answer

Surety defenses that go to the merits of the primary contract include (1) lack or failure of consideration, (2) inducement of the contract by fraud or duress, and (3) breach of contract by the other party. The personal defenses of the principal cannot be used by the surety.

Which of the Following Defenses Goes to the Merits of a Primary