Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

IRAC (Issue, Rule, Application and Conclusion) method. All answers must be supported by relevant principles of Australian law (including the Corporations Act 2001 [Cth]) and

image text in transcribed
image text in transcribed
IRAC (Issue, Rule, Application and Conclusion) method. All answers must be supported by relevant principles of Australian law (including the Corporations Act 2001 [Cth]) and case law; otherwise no credit will be awarded to your answer. Julia had long wanted to purchase a home in Manly. She is ecstatic because this week, her offer to purchase the perfect home was accepted by the owner. On Friday afternoon, she checked MARS Homeloans' website and found that the franchise principal for the company in the Northern Beaches is Charles Gminsky. A photo of Charles' smiling face appears in MARS Homeloans' website, along with his full name 'Charles Gminsky and below it, his title, "MARS Homeloans franchise principal - Northern Beaches, Sydney." Julia calls Charles' mobile number and makes an appointment for him to visit her at her place the following Saturday morning. Unknown to Julia, that Friday morning, Charles' franchise contract with MARS Homeloans had already been terminated by the company for breach; as a result Charles was no longer connected with the company. The next morning, Charles drives up to Julia's house in a MARS Homeloans Company car. When he comes into the house, he is wearing the shirt with the MARS Homeloans logo emblazoned on the left shirt pocket. He hands out his MARS Homeloans business card to Julia, which contains the same job title as that stated in the website. After discussing Julia's lending requirements and assessing her financial capacity, Charles approves a loan for Julia in the amount of $850,000. Charles and Julia sign the loan contract, which is in in the standard form used by MARS Homeloans and bears the company's name. The following week, Julia pays the deposit and calls MARS Homeloans to draw down on the loan. The company informs her that as of last Friday, Charles' was no longer connected with the company for the reason stated above. MARS Homeloans tells Julia that the company is under no obligation to honour the loan approval that Charles had given Julia, nor the contract that they entered into for that purpose. Julia comes to you for advice. Advise Julia on the legal issues presented by the above case. Is MARS Homeloans obligated to honour the loan approval and grant Julia the loan? Explain your

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Cryptocurrency QuickStart Guide

Authors: Jonathan Reichental

1st Edition

1636100406, 978-1636100401

More Books

Students also viewed these Finance questions

Question

Evaluate the impact of unions on nurses and physicians.

Answered: 1 week ago

Question

Describe the impact of strikes on patient care.

Answered: 1 week ago

Question

Evaluate long-term care insurance.

Answered: 1 week ago