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Guarantees Tagged Unconscionable: What Can Lenders Do?
Claims of unconscionable conduct are a constant threat for lenders. Lenders may feel confident that a guarantor secures the debt repayment, only to find the guarantees struck out as unconscionable.
Therefore, many lenders now structure their facilities to avoid guarantees by listing parties as co-borrowers. However, a new line of cases may have extended the principles of unconscionable conduct to parties other than guarantors.
