Question
Elizabeth gave a guarantee to the Bank in support of a loan to Tomasz. Over the next fewyears, the Bank and Tomasz made a number
Elizabeth gave a guarantee to the Bank in support of a loan to Tomasz. Over the next fewyears, the Bank and Tomasz made a number of alterations to the loan agreement. The effect of these changes was to significantly increase the amount owing to the Bank. Elizabeth had no notice or knowledge of thesechanges, nor did she consent to any such changes. What is the likelyresult?
A.The guarantee is likely to be invalid and unenforceable against Elizabeth.
B.The failure to notify Elizabeth would release both Elizabeth and Tomasz from their obligations.
C.Elizabeth is bound by the changes to the loan because guaranteesare, by theirnature, continuing.
D.Guarantees are a mereformality; only Tomasz has obligations to the Bank.
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