Yawny Tooner is a recognized tuba player. Yawni has played as a freelance musician for several major symphonies. Last year Yawny went through bankruptcy, and in order to pay his rent for a couple of months, took out loans from a small savings institution - Trumper Bank - and pledged his tuba as collateral. He was unable to make the first payment on the loan so the bank was getting ready to take the tuba for non-payment. Yawny approached the director of the Alviso Philarmonic International Symphony - Pammi Ryan - for help - asking her to guarantee payment so he would not lose his instrument. Pammi agreed to guarantee the payment - partially because Yawny was scheduled as the featured performer at the Classic Polka Festival in Fremont/Newark which Pammi manages.
Pammi called Trumper Bank and said if Yawny could not pay, she would, and Trumper accepted the guaranty by phone. Yawny played for the Polka Festival; it was a big hit and very successful, but immediately after, Yawny left town with Nancy Lopesi, the well-known international Polka singer/dancer, and their whereabouts are unknown.
Trumper has contacted Pammi and indicated they have not collected from Yawny and they expect her to pay the debt. Pammi told the bank they did not have anything in writing from her (though there are witnesses who heard Pammi guarantee payment) and she believes she will not be liable for Yawny's debt.
Trumper has indicated it will file a suit for payment against Pammi.
Discuss both sides of this case, indicating who should prevail and why. Use the
Issue: what is the legal issue/dispute? Identify all issues that could be relevant to the case and discuss
Decision: who should prevail?
Support: support for your decision
Dissent: the strongest arguments the losing party can/will make
This is a contract of guarantee. The issue There are two parties in this case. One has gone bankrupt and calls another to... View the full answer