Question
Rick owned a business, Alta Inc., that needed to borrow $200,000 from the TD bank. TD insisted that Rick get someone to guarantee the loan
Rick owned a business, Alta Inc., that needed to borrow $200,000 from the TD bank. TD insisted that Rick get someone to guarantee the loan in case Alta didn't repay it. Rick asked his 80 year old mother Maria to sign a guarantee. When Maria refused, Rick shook his fist at her and yelled at her. He told her it was a simple form and it would never cost her a cent. Maria was so scared she signed it. Six months later, Alta couldn't pay the loan and TD demanded that Maria pay it. Maria called a lawyer. Rick has another problem. Alta sent $300,000 in goods to its customer Par Inc. in Calgary via a trucking company, FredX. The FredX truck crashed and all the goods were destroyed. Alta had no replacements so Par Inc. had to purchase similar goods from another supplier for $370,000 and plans to sue Alta for this extra $70,000.Alta says it owes Par nothing. Alta contacted FredX and says FredX is liable for $300,000 for the destruction of its goods. Fred said Alta should look at the contract they have, as it clearly states FredX limits its liability to $200. Fred says all it will pay is $200. All parties have contacted lawyers. When answering the question apply all laws and concepts apply to this question.
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