Question
Maya Boyles dream is to buy her very own apartment unit in Sydney. After a 6-month search, shes ecstatic to finally find the perfect unit,
Maya Boyles dream is to buy her very own apartment unit in Sydney. After a 6-month search, shes ecstatic to finally find the perfect unit, a brand new 2-bedroom unit located in Kirrawee. She made an offer. After just a week, she became ecstatic because the developer of the unit accepted her offer, which was lower than the advertised price.
On Friday afternoon of that same week, she checked Moonlight Finances website and found that the franchise principal for the company in the Northern Beaches was Benjamin Owen. A photo of Benjamins dignified face appears on Moonlight Finances website, along with his full name Benjamin Owen and below it, his title, Moonlight Finance franchise principal Kirrawee, Sydney. Maya calls Benjamins mobile number and makes an appointment for him to visit her at her place the following Saturday morning. Unknown to Maya, that Friday morning, Benjamins franchise contract with Moonlight Finance had already been terminated by the company for breach; as a result, Benjamin was no longer connected with the company.
The next morning, Benjamin drives up to Mayas house in a Moonlight Finance Company car. When he comes into the house, he is wearing the shirt with the Moonlight Finance logo emblazoned on the left shirt pocket. He hands out his Moonlight Finance business card to Maya, which contains the same job title stated on the website. After discussing Mayas lending requirements and assessing her financial capacity, Benjamin approves a $775,000 loan for Maya. Benjamin and Maya signed the loan contract, which is in the standard form used by Moonlight Finance and bears the companys name. The following week, Maya pays the deposit and calls Moonlight Finance to draw down on loan. The company informed her that as of last Friday, Benjamin was no longer connected with the company for the reason stated above. Moonlight Finance tells Maya that the company is under no obligation to honour the loan approval Benjamin had given Maya nor the contract they entered into for that purpose. Maya comes to you for advice.
Advise Maya on the legal issues presented by the above case. Is Moonlight Finance obligated to honour the loan approval and grant Maya the loan? Discuss all your answers citing relevant case law and/or legislation.
Maximum 450 words
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