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In 2022, Jose received $300,000 from his mother in order to be able to afford his first house. Last month, Jose's mother asked when he
In 2022, Jose received $300,000 from his mother in order to be able to afford his first house. Last month, Jose's mother asked when he would start paying the loan back. Jose replied 'I thought it was a gift!' The mother responded 'no way Jose - of course it was a loan!' Which of the following statements is likely to be CORRECT? Question 20Answer a. In a case like this one, the parties need to bring evidence in order to prove whether their actual intentions were to provide a gift (no repayment required) or a loan (repayment required). b. Considering the circumstances of the case, a court would likely conclude that the parties intended to create legally binding relations. c. As this is an agreement between family members, a court will certainly decide that there was no intention to create legally binding obligations. d. According to the doctrine of promissory estoppel, this is a loan
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