Unformatted text preview: states that he or she will become responsible only if the primary party does not perform, must be in writing to be enforceable. There is an exception, however. If the main purpose in accepting secondary liability is to secure a personal benefit —for example, if Gemma’s brother bought the mower for her—the contract need not be in writing. The assumption is that a court can infer from the circumstances of the case whether the main purpose was to secure a personal benefit and thus, in effect, to answer for the guarantor’s own debt....
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- Spring '11
- Business Law, Gemma, Ben Folds, Sample answer