Answered step by step
Verified Expert Solution
Question
1 Approved Answer
quig -4 plantimpewral nommen of befools edisM () (d) Nelly's Aunty Pia had decided she wanted to have her own 'church'. Pia had been a
quig -4 plantimpewral nommen of befools edisM () (d) Nelly's Aunty Pia had decided she wanted to have her own 'church'. Pia had been a spiritual advisor for many people over the years, but wanted to formalise the arrangement by creating a spiritual space for her 'followers'. Pia found the perfect location and wanted to buy the building and call it 'Pastor Pia's Parish Centre'. Pia was not able to raise the money necessary for the purchase, so she asked Nelly to use her home as security for the loan in Pia's favour. Pia stated that once her followers were making donations for the spiritual E101 advice, she would then have plenty of money to make the repayments on the modest building. Nelly felt she should agree because her Aunty Pia played a significant role in shaping the person Nelly is today. Nelly's parents were not able to cope with her significant learning difficulties, so when Nelly was a young teenager, Pia provided her with personal and financial guidance. The manager from Friendly Finance Bank asked Nelly to meet with him alone before signing the necessary document. Nelly was familiar with the manager at Friendly Finance Bank, as he had helped set up separate bank accounts for her social security payments, and a term deposit for some money she had won in the lotto. However, at Pia's insistence, the meeting was at the manager's office with both Nelly and Pia in attendance. Nelly eventually signed the guarantor document after some 'assistance' from Pia. it sunnitiv of batspolls exitallAfter six months, it had become obvious Pia's strategy had not gone according to plan. There had been only minimal donations made, and Pia stopped making the repayments on the loan. Friendly Finance Bank has demanded repayment from Nelly for the total amount outstanding pursuant to the bank contract. Nelly has told Friendly Finance Bank that she is going to seek legal advice about whether she can get out of her guarantor responsibilities in the bank contract. The Friendly Finance Bank has told Nelly that the two months she delayed in seeking advice has now negated any remedy she may have against the bank, so she should just pay up now. Provide an advice as to whether Nelly can have the guarantor document (contract with Friendly Finance Bank) set aside. In your advice, consider the vitiating factors of unconscionable dealings and impropriety by a third party. (We 4 ) Marks allocated to common law/equitable vitiating factor of impropriety by a third ( tire 4 ) party = 3 marks Marks allocated to common law/equitable vitiating factor of unconscionable dealings = (NK 4) 4 marks tute - 4 Total for Part (d) = 7 marks
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started