Andy bought a bicycle on credit from a dealer. Andy being a minor, his father agreed to be a surety for him on the purchase. When Andy failed to repay the debt within the stipulated time, the dealer filed a lawsuit against Andy's father. What defense can Andy's father use to avoid paying the dealer?
What will be an ideal response?
Although Andy is a minor, Andy's father cannot use his incapacity as a defense because personal defenses of the principal cannot be used by the surety. However, Andy's father can escape paying the dealer by proving that there has been a lack or failure of consideration, inducement of the contract by fraud or duress, or breach of contract by the dealer.
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