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15. Andrea, 3 student in her third year of Business Administration, looked alter banking arrangements for her older brother Tom, who was in the hairdressing

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15. Andrea, 3 student in her third year of Business Administration, looked alter banking arrangements for her older brother Tom, who was in the hairdressing business, and Tom helped Andrea to a signicant degree with her tuition and living expenses. Torn owed: the bank $12,000 payable on demand in connection with his business, and as security the bank held some technology shares registered in Tom's name. The bank brought pressure to bear on Tom to repay the loan, and intimated that the shares would have to be sold if repayment were not forthcoming. At this time, Tom convinced Andrea to go to the bank and sign a form of guarantee to the extent of his indebtedness. Andrea signed a printed form presented to her by the bank at the foot of which there appeared the word (\"SEAL\") in a place reserved for afxing of a red gummed wafer, though none was in fact affixed until afterwards by the bank manager. A customer in the bank at the time, known to Andrea, also signed as a witness. A year later, Paul failed to respond to a demand by the bank that he repay the loan, and the bank asked Andrea to make good on her guarantee. Andrea protested that she had been led to believe by the bank manager that the shares in the bank's possession were sufcient to repay the loan. The bank manager advised Andrea that shares had since declined in price and were worth only $4,000. When these facts were brought to her attention, Andrea became upset and believing that without her signature the guarantee would not be enforceable she tore strip from the bottom of the guarantee and swaliowed it. Alarm ed by her behaviour, the bank manager called the police and Andrea was told that she would go to jail if she did not immediately sign another guarantee to replace the mutilated one. Andrea paid ten monthly installments of $100 each in reduction of her alleged liability under the guarantee but failed to pay further payments. The bank brought an action against her for the balance. It produced the remanent of the rst doeument and the second document as evidence of the guarantee. Identify all the arguments or defenses available to Andrea. Briefly-explain each one. [10 marks;i r* "\""i

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