Fact Pattern 28-3B (Questions
Dillon and Evan are brothers.They agree to act as guarantors on a loan made by their sister,Fiona.Fiona defaults on the payments and Dillon re?fuses to pay.Evan pays the debt.
-Refer to Fact Pattern 28-3B.Evan can recover from Dillon under
A)the right of proportionate liability.
B)the right of reimbursement.
C)the right of contribution.
D)no right,because the parties are brothers.

Question

Fact Pattern 28-3B (Questions 
Dillon and Evan are brothers.They agree to act as guarantors on a loan made by their sister,Fiona.Fiona defaults on the payments and Dillon re?fuses to pay.Evan pays the debt.
-Refer to Fact Pattern 28-3B.Evan can recover from Dillon under
A)the right of proportionate liability.
B)the right of reimbursement.
C)the right of contribution.
D)no right,because the parties are brothers.

Quizplus · Accepted Answer

The right of contribution allows a co-guarantor who has paid more than his or her share of a debt to recover from the other co-guarantor(s) for their share of the obligation. The fact pattern states that Evan paid the debt, and as Dillon had agreed to act as a guarantor, Evan can seek contribution from Dillon for Dillon's share of the obligation. The fact that they are brothers does not affect this right.