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Where the principal debtor is a minor (incompetent to contract) but the surety is competent, the guarantee is:
AValid only if the minor ratifies on majority
BValid, and the surety is liable as the primary debtor
CVoidable at the creditor's option
DVoid, since the principal debt is void
Answer & Solution
Correct answer: B. Valid, and the surety is liable as the primary debtor
If the surety is competent, a guarantee for a minor principal debtor is valid and the surety is treated as primarily liable; a guarantee is void only where the surety himself is incompetent.
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