New Solutions Financial lent Transport Express, a transport trucking company, $500 000 under a commercial lending agreement.

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New Solutions Financial lent Transport Express, a transport trucking company, $500 000 under a commercial lending agreement. The interest rate was 4 percent per month calculated daily and payable monthly. This arrangement produced an effective annual rate of 60.1 percent. Other clauses in the agreement specified other charges, including legal fees, monitoring fee, a standby fee, royalty payments, and a commitment fee totalling 30.8 percent for a total effective annual rate of 90.9 percent. Transport Express found the terms of the agreement too onerous and refused to make the agreed payments. Is this agreement enforceable? Should a commercial arrangement like this be treated differently from a payday loan?
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Canadian Business & the Law

ISBN: 978-0176501624

4th edition

Authors: Dorothy DuPlessis, Shannnon o'Byrne, Steven Enman, Sally Gunz

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