Maria borrowed R2 000 from Sipho. Beatrice and Shaun

Question

signed as sureties for Maria’s liability to Sipho. Beatrice
signed as ‘surety and co-principal debtor’. Maria’s estate
is sequestrated and Sipho claims 2000 from Beatrice in
terms of the contract of suretyship. Which of the
following is correct?
1 Beatrice can raise the defense of excussion and
compel Sipho first to recove3r as much of the
debt as possible from Maria
2 Beatrice can raise the defense of division and
demand that Sipho divide his claim between her
and Shaun
3 Since Maria’s estate has been sequestrated,
Sipho has no remedy.
4 Sipho is entitled to claim the R2000 directly from
Beatrice.

Answer 1

1 Beatrice can raise the defense of excussion and
compel Sipho first to recover as much of the
debt as possible from Maria