Rosa signs a guarantee for her husband's company debts on the basis of his assurance. The bank did not check that she had independent advice. Under Royal Bank of Scotland v Etridge, what must the bank do to protect itself where it is put on inquiry?

Answer and explanation

Correct answer: B. Take reasonable steps to ensure she has had independent legal advice about the transaction

  1. Step 1: Etridge sets out the steps a lender must take when a wife stands surety for her husband's debts.
  2. Step 2: The bank should communicate directly with her and ask her to confirm the name of a solicitor who will advise her.
Answer
Take reasonable steps to ensure she has had independent legal advice about the transaction.
Why not the others: The husband's confirmation is not independent; valuations are irrelevant; attendance at a branch does not protect her.

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