Question: Brighthouse agreed to loan $ 5 0 0 , 0 0 0 to Oscar s Hideaway, a restaurant. Brighthouse knew that Oscar s was not
Brighthouse agreed to loan $ to Oscars Hideaway, a restaurant. Brighthouse knew that Oscars was not doing well. However, Brighthouse agreed to present the loan documents to Fidelity Security, who would be acting as surety for the loan. Brighthouse and Oscars had agreed that Brighthouse would actually loan Oscars only $ that Oscars would then close the business, and default on the $ loan. Fidelity Security would then be required to pay the $ loan and Brighthouse and Oscars agreed to split $ of that amount. Before paying, Fidelity Security discovered this agreement between Brighthouse and Oscars Which of the following is correct?
Group of answer choices
Fidelity Security is not discharged because of its failure to verify transmission of the loan amount.
Fidelity Security is discharged because it was a mistake for Brighthouse to make a loan to a restaurant that was struggling.
Fidelity Security is not discharged because sureties cannot assert contract defenses.
Fidelity Security is discharged because Oscars and Brighthouse colluded to misrepresent the nature of the loan.
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