Briana and her husband Keith are poorly educated immigrants. They have a very successful business, a fruit and vegetable shop. The family home and other assets are in Brianna's name and all business debts are in Keith's name.

A few months ago Keith went to the Bank to borrow money to support his business (the fruit and vegetable shop). As a condition of the loan the bank asked that Brianna provide a personal guarantee. At the insistence of the Bank Brianna received independent legal advice. the solicitor carefully explained the effect of a personal guarantee and that is, that if the business failed, then the bank would be entitled to come after Brianna's assets to meet those debts. Brianna signed the guarantee.

Keiths business is now experiencing dire financial difficulties. Brianna is seeking to resist the Bank's attempts to enforce the guarantee by arguing undue influence and unconscionable conduct.

Advices the Bank