Which ONE of the following statements is CORRECT?

1. The surety may not rely on defects in the liability of
the principal debtor, such as misrepresentation in
order to avoid liability
2. The surely may not rely on personal defences- such
as minority, which may be at the disposal of the
principal debtor
3. The surety’s obligation is enforceable if the principal
debtor has not defaulted in the performance of the
principal obligation
4. A creditor may enforce a surety's obligation for a
debt of a certain or uncertain amount

1 answer

The correct statement is: 3. The surety’s obligation is enforceable if the principal debtor has not defaulted in the performance of the principal obligation.