Moss borrowed R100 000 from Chris. Nomzamo is a “surety, and co-principal debtor”, and Sikhu is surety for Moss’s debt to Chris. Moss’s estate is sequestrated, and Chris claims the R100 000 from Nomzamo in terms of the contract of suretyship. Which ONE of the following statements is CORRECT?

Question

Answer

Nomzamo can raise the defence of division and demand that Chris divide his claim between Nomzamo and Sikhu.

Answer

Nomzamo can raise the defence of excussion and compel Chris to first recover as much as possible of the debt from Moss’s estate.

Answer

Chris may claim the entire R100 000 directly from Nomzamo.

Answer

Since Moss’s estate has been sequestrated, Chris has no remedy.

Crowdly

Moss borrowed R100 000 from Chris. Nomzamo is a “surety, and co-principal debtor...

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