Question
Ben Green is a stockbroker who works for Howe & Partners, a large brokerage firm. Ben gave financial advice to Joan Lane, a 75 year
Ben Green is a stockbroker who works for Howe & Partners, a large brokerage firm. Ben gave financial advice to Joan Lane, a 75 year old retired teacher. Ben told Joan to put $300,000, which was 80% of her life savings, into NuCure, a new drug company that was in final stages of testing a new artificial blood product. Ben told her the government would approve the drug very soon and then NuCure shares would probably double in value. Joan was nervous about putting all this money in NuCure, but she followed Ben's advice. Joan also told Nick about NuCure. Nick was a carpenter who had done some repairs at Joan's house. Nick wanted to purchase $40,000 of NuCure shares himself, but he needed a bank loan to do it. The bank insisted that Nick get someone to guarantee his loan. Nick then asked his father Alex, 82, who only understood Greek, to guarantee his loan. When Nick took Alex to the bank to sign the guarantee, Alex was confused and kept saying "I don't want to lose any money." Nick and the bank assured him there was nothing to worry about, so Alex signed the guarantee that was written in English. Nick then bought the shares through an online broker. A month later it was discovered that NuCure had falsified all its test results, its artificial blood product did not work, so NuCure shares were worth nothing. Joan was so upset at losing money she had a heart attack and is hospitalized. Nick couldn't pay his bank loan, so the bank contacted Alex for the money. Alex is very upset and he says he owes nothing, but the bank disagrees. All parties have called lawyers. Discuss all legal issues that apply to this case.
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