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I need a guideline on how to start this assignment. Please use the IRAC method. Thank you Scenario Betty is a 70 yearsoid widow whose

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I need a guideline on how to start this assignment. Please use the IRAC method. Thank you

image text in transcribed
Scenario Betty is a 70 yearsoid widow whose husband, Allan, died two years ago. Allan and Betty owned their home jointly which is now owned by Betty outright in her own name. There is no mortgage and the house is worth approximately $900,000. Betty has no other assets or investments, and lives on the old age pension. Ted, Allan's brother, befriends Betty and helps her around the house doing handyman's work. He also helps her with managing her household nances. Ted, presently unemployed, wants to start a car hire business. The start: up cost would be $300,000 for which he does not have sufcient funds. As Ted owns no assets he realises that a bank would not lend him such a large amount. He convinces Betty to approach LendEase Bank and enter into an agreement with the bank to borrow $300, 000. Betty and Ted visit LendEase to meet Len Easy, the bank's lending manager and a good friend of Ted. Len tells Betty that for the bank to grant the loan to Ted, Betty will have to give a personal guarantee over her home. Len does not explain that this means that if Ted defaults on the payments, the bank will be able to sell the house to recover its loan. Betty looks puzzled and asks Len if she should consult a solicitor before signing the guarantee. Before Len replies, Ted looks into Betty's eyes, holds her hand and says 'Trust me darling, I'll make sure that the business goes well and there is no way the bank can sell your house.' Len, knowing Ted's history of unsuccessful business ventures, remains silent while he presents the guarantee document to Betty which she immediately signs. Six months later Ted's car hire business has failed. He is unable to pay the monthly loan instalments and the bank is threatening Betty that if she does not repay the $300,000 plus interest the bank will be forced to sell her house. Question 1 (900 words] (20 marks) . _ Activate Wind: Discuss, in a problem" solving format, whether Betty can avoid liability under the guarantee to LendEase Bank. - . 6-3 to bemngs to am Your answer should be based on the common law of contract specifically unconscionable conduct

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