Where a party's signature appears on a guarantee document and the party does not give evidence denying the signature, the prima facie inference that the party signed the document is virtually irresistible. The objective intention test from Clark Equipment v Kiyose applies to determine the capacity in which a signatory is bound: the inquiry is whether, on the construction of the document as a whole and surrounding circumstances, there is an objective intention that the signatory be personally bound, notwithstanding any qualification attached to the signature. A finding that all six named guarantors signed a loan agreement without qualification, where the document identifies them as guarantors and contains guarantee provisions, will be upheld as demonstrating personal liability.
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