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1 State three causes of action (ie, the legal issues, not just the facts) which Mr and Mrs Amadio relied upon in challenging the mortgage guarantee they had signed? [3 marks – 1 each] 2 The Appeal...



1      State three causes of action (ie, the legal issues, not just the facts) which Mr and Mrs Amadio relied upon in challenging the mortgage guarantee they had signed? [3 marks – 1 each]

 

2      The Appeal Court reversed the decision of the trial (ie, first) judge.  State two conclusions the Appeal Court came to, after its examination of the facts, which persuaded it that the bank was liable to the Amadios? [2 marks – 1 each]

 

Answer the following from the judgment of Justice Gibbs

 

3      Is a bank always required to inform an intending guarantor about the state of the account of the customer which is to be guaranteed?   If not, in what circumstances would a bank be required to inform a potential guarantor about this? [2 marks]

 

4     What were two facts in this case which persuaded Justice Gibbs that the bank should have made such a disclosure to the Amadios? [2 marks – 1 each]

5     What was the ratio for Justice Gibbs’s decision of the case in favour of Mr and Mrs Amadio [i.e., what was the legal issue or issues (not just facts) this judge identified to decide the case[?  [1 mark]

Answer the following from the judgment of Justice Mason (who decided the case on different legal reasons):

6      How did the ratio (legal issue) for Justice Mason’s decision differ from the ratio used by Justice Gibbs?  [2 marks]

7      Justice Mason identified several ways in which the bank on the one hand and Mr and Mrs Amadio on the other hand were in positions of “gross inequality of bargaining power.”  What were three of those ways?  [3 marks – 1 each]

8     Justice Mason and Justice Deane both explained the legal difference between unconscionable conduct (unconscionability) and undue influence.
State in your own words, the difference which the two judges explained between these two legal issues (you may find it useful to refer to lecture notes for some help in answering this question) and use the facts of the case to show how each of these two legal issues is satisfied by the situation the Amadios were in



Oct 07, 2017
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