A guarantor who continues to use a company's credit account, customer code, order forms and direct deposit facility after substituting a new company for the guaranteed company, without notifying the creditor, may be estopped from denying liability under the guarantee for debts incurred by the new company. Arguments not raised at trial regarding whether an estoppel assumption was self-induced cannot be raised on appeal where the opposing party would be prejudiced by the inability to lead evidence on the point.
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