Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Arvin, a car mechanic land owner of Fixacar Co. Ltd), 15 5U-years old and sutrers trom mild dementia. arvin's business has not been going well

image text in transcribed
Arvin, a car mechanic land owner of Fixacar Co. Ltd), 15 5U-years old and sutrers trom mild dementia. arvin's business has not been going well recently because of his illness. He and his wife, Angela, work casually {Arvin as a mechanic and Angela as an artist), and jointly own two mortgaged properties (one in which they live) in the inner city. One day, Arvin receives a call from Tony, a close family friend. Tony works as a property and finance consultant, and Arvin has relied on Tony's advice ever since he was diagnosed with dementia. Tony tells Arvin that now is a good time to invest in rural property, and that it would help Arvin pay off the mortgage of his two houses quicker. Arvin has been quite anxious about his loan repayments, so he asks Tony how to go about acquiring a rural property. Tony explains to Arvin that he can secure a loan at a very good interest rate if Arvin is willing to put up his two properties to secure the loan, and to guarantee the loan. Tony advised Arvin, that Arvin could use his mechanic business to secure the loan. The loan documentation included a certificate of independent legal advice to be signed by a lawyer and a certificate of independent financial advice to be signed by an accountant. |t was through Tony's associated business connections that these certificates were obtained and signed. Arvin signs the loan agreement with JohnnyBank Ltd. (through Tony). After six months, Arvin is unable to pay the repayments for the loan. JohnnyBank wish now to secure their rights over the mortgaged properties. Arvin comes to you for advice. You recall reading a High Court case in the recent past (last few years) that sounds similar to Arvin's situation. Advlse Arvin. Please use case law to support yvour answer. (10 marks) Note: Research Is required for this scenario. You may rely on the course materials to answer this question but it is expected that you also research beyond the course materials

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Linear Algebra A Modern Introduction

Authors: David Poole

4th edition

1285463242, 978-1285982830, 1285982835, 978-1285463247

More Books

Students also viewed these Mathematics questions

Question

Write a statement to call a function in python

Answered: 1 week ago