Facts: Jafan Gbeho who is a friend of Javan's approaches Javan with a view to buying a share of the partnership Humane Animal Removal Solutions (HURS). Javan and his sister agree to sell a third of the business to Jafan for $295 000, inclusive of a third share in the building that the partnership owns at 3 Simbar Place in Huonville. Jafan approaches his parents Ekon and Eshe who arrived in Australia only 5 years ago and who speak very little English. They say they will not lend Jafan the money but are prepared to help him borrow some money from the bank.

Their son organises the bank loan and even arranges for a mobile lender to visit them to sign all the necessary documents. Neither their son nor the mobile lender explains the guarantee they are signing or its implications, but both assure Ekon and Eshe that everything will be alright. After working in the partnership for only one-year Jafan quits and signs over his share in HURS, including the share in the building back to Javan and Dusky for only $50 000 which Jafan spends on a new car. Ekon and Eshe have come to seek your advice as the bank is seeking possession of their home because of the documents they signed.

Required: Advise Ekon and Eshe of their rights, if any, at common law and under statute law. Please use legal principles and support your answer with case law.