Adam's parents, Mr and Mrs Faraway, migrated to Australia from Europe in 1977 and they are dependent on their two children, Adam and Bernadette for advice and support. The parents have limited education, no business knowledge, poor English skills, and since retiring their only income is the age pension. They own their own home which is valued at around $850,000. Bernadette is a charming but ruthless businesswoman who is always trying to make a quick buck. She recently needed $320,000 to pursue a start-up opportunity she believes will make her wealthy. She is able to borrow money from Dubious Bank but only after she persuades her parents to act as guarantors. Bernadette misleads her parents as to the extent and purpose of the loan. The Bank is unaware of this. After investigating their financial position, the bank manager meets with Mr and Mrs Faraway to sign the guarantee agreement. The manager asked whether Mr and Mrs Faraway had any questions and when they said they did not, they signed the documents as required. Bernadette spends the loan money and within two months the start-up company becomes insolvent and Bernadette loses her entire investment. When she is unable to repay the loan, Dubious Bank looks to the parents to honour their obligations as guarantors, which means the Bank will sell their home to recoup the monies Bernadette owes.

Advise Adam as to what contractual liability, if any, he and/or his family members have in the above circumstances.

How can I use the IRAC format to solve this question?

I checked my textbook and I saw some cases related to this case. The decision of this case is that due to Adam's parents limited education, they do not have liable for this loan. But I am not sure.

Kind regards,