Guarantee obtained by concealment invalid where creditor's silence on material facts vitiates the surety's informed consent. A guarantee procured by the creditor's silence as to material circumstances is void because the surety's consent must be informed; concealment by the ... Summary
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Guarantee obtained by concealment invalid where creditor's silence on material facts vitiates the surety's informed consent.
A guarantee procured by the creditor's silence as to material circumstances is void because the surety's consent must be informed; concealment by the creditor vitiates the suretyship. Examples include a guarantor unaware of an agent's prior misconduct and a guarantor uninformed of a private agreement altering the buyer's obligation; in each case the guarantee is invalid when material facts are withheld.
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