MLC707 Assignment T3 2014

Topics: Bank, Undue influence, Contract Pages: 4 (1867 words) Published: March 22, 2015
MLC707 Commercial and Corporations Law
Trimester 3, 2014
Research Assignment (15%)

Points to note:
 Students have been shown in class on how to solve a law problem assignment – ie, essay or report format is expected, with clear introduction outlining the legal issues to be discussed at the onset, followed by clear statements of relevant principles and demonstration of how those legal principles are applicable to the given facts.

 Some students will merely refer to the principles in Amadio case to support their arguments in their case … which is okay
 But the better students are those who would be able to recognise and point out which bits of the facts are similar to those in Amadio case and to explain how and why the principles in Amadio are most relevant to their case. Some students may recognise that the decision in Amadio had compelled the C’th Parliament to enact provisions dealing with unconscionable conduct which are now under ss.20, 21 of the ACL – If students can recognise these “connections” or developments in the law, award marks generously on research and critical thinking!!  However, the top students would be able to go further and recognise Garcia’s case being another landmark case for unconscionable conduct, where the HC in Garcia has given further support to the earlier case Amadio and further principles regarding disclosure or independent legal advice – award additional marks for this.

Answer guide:
Advice is sought from Alan and Bridget as to whether East West Bank can enforce the mortgage and guarantee against them. The issues to be discussed in support of Alan and Bridget (the parents) are:

(a) Unconscionable conduct at common law and under ACL;
(b) Misrepresentation; and
(c) Undue influence (may be);
Generally, according to the freedom of contract principle, the courts would not normally interfere into the parties’ contract unless there is unconscionable conduct, undue influence and/or misrepresentation moving from...
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