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Commonwealth Bank of Australia v Amadio {1933] 151 CLR 447 The Amadios were an elderly immigrant couple with limited English. They believed their son's construction

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Commonwealth Bank of Australia v Amadio {1933] 151 CLR 447 The Amadios were an elderly immigrant couple with limited English. They believed their son's construction business was thriving when in fact it was losing money. The Commonwealth Bank knew that the son's business was struggling, and the bank was helping it stay in business by honouring payments to certain creditors even though his company did not have the money to pay its bills. The son persuaded his parents to execute a mortgage over their home with the bank. for him to get another overdraft for the business. He led his parents to believe that the guarantee was limited to $20 000 when it was in fact unlimited. The Amadios sought no legal advice and signed the documents at their home with their son. When the son did not pay the loan payments. the bank demanded repayment from the parents. The parents led that they did not have the capacity to understand the agreement. 1. Offer 2. Acceptance 3. Consideration 4. Capacity 5. Legality 6. Intention Writing (if required) Will the Amadios win? Why or why not

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