1. The assessment task is based on a case study question and asks you to identify and apply the rules your client seeks to rely upon

1. The assessment task is based on a case study question and asks you to identify and apply the rules your client seeks to rely upon. You must follow IRAC in order to provide a full and comprehensive answer.You are only required to draw upon the

Graw textbook for research chapters 13 and 14. Do not discuss any rules (e.g. cases) that
are not within the Graw textbook.

If you are citing cases that are discussed in the textbook, cite the case
instead of the textbook. If you are citing the explanation provided by the
author of the textbook, then you may cite the textbook. Your referencing
should be in accordance with the Australian Guide to Legal Citation (AGLC)
4th ed. Refer to RMIT Easycite for examples:
https://www.lib.rmit.edu.au/easy-cite/
Also, do not cite the powerpoint lecture slides.

CASE STUDY

Tanya (aged 50, a successful business person) and Jane (aged 45
hairdresser) had been in a relationship for 10 years. They lived in Tanya’s
apartment, where Tanya had been the sole registered proprietor (i.e.owner) for 20 years. Tanya had recently paid off and discharged her mortgage. Jane indicated to Tanya her desire to purchase for $200,000 the hairdressing business where Jane worked, for $200,000. Jane’s employer needed an urgent 14-day sale because he was very unwell as he had been diagnosed with cancer. Tanya and Jane then met with Eastpac Bank (the Bank) to discuss borrowing options.

At the meeting, the Bank advised Jane and Tanya that the only way the
Bank could arrange such a quick loan of $200,000 to Jane was on the
basis that Tanya guarantee the loan and put up the title to her apartment as
first mortgage security. The Bank stipulated that it would not enter into the
guarantee contract with Tanya unless she signed a certificate indicating
that she had obtained independent legal advice in regards to the guarantee
contract.
A few days later, Tanya obtained this legal advice, which indicated that if
Jane were unable to repay the loan to the Bank, she (Tanya) would have to
repay Jane’s loan. If Tanya did not have the cash to do this, the Bank
would sell Tanya’s apartment and use the proceeds from the sale to repay
the loan.
In a conversation between Tanya and Jane that night, Tanya raised doubts
about Jane’s lack of business experience and Jane’s ability to make the
loan payments. Jane became very upset and angry with Tanya and said
that if Tanya did not trust her and sign the documents, their relationship
would come to an end. At no point was the bank aware of Jane’s threat to
leave Tanya. With tears in her eyes, Tanya signed the guarantee
application papers. Tanya sent these to the Bank, together with the
certificate, indicating that she had received and understood the legal
advice, and that she nevertheless wished to proceed and enter into the
guarantee contract.
Shortly afterwards, the Bank entered into a guarantee contract with Tanya
and a loan agreement with Jane, supplying Jane with the $200,000.
Six months later, Jane and Tanya separated. Jane’s hairdressing business
was not a success, and she (Jane) was unable to meet the loan
repayments to the Bank. The Bank now requires Tanya to make
repayments on the loan, in accordance with the guarantee contract that she
(Tanya) entered into with the bank. Tanya has now applied to the County Court of Victoria to have the guarantee contract set aside. Tanya’s case is based on the contract law rules of:

– Unconscionability and/or
– Duress and / or
– Undue influence.
INSTRUCTION: Advise Tanya on the likelihood of the court treating the
contract as voidable on each of the above three rules. Cite cases to
support your advice. Do not discuss the Australian Consumer Law, credit
or banking law, or any other causes of action. No legislation is applicable to
this assignment.
Note:
a) Follow IRAC for each of the three legal bases on which Tanya seeks to
rely.
b) In doing this, remember to:
i. Cite relevant case law and set out the elements of each rule.
ii. Apply the elements to the fact situation
iii. Provide a conclusion in which you succinctly summarise your advice
relating to which (if any) of the three bases of the claim will be successful.
9. How to lay out your submission
Copy and paste the words below and have them appear as headings in
your submission. Add your content under these headings. (If you wish to
add further headings or subheadings as well, that will be fine.)

Unconscionability
Issue:

Rule:

Application:

Conclusion:

Duress
Issue:
Rule:
Application:
Conclusion:

Undue influence
Issue:
Rule:
Application:

conclusion:

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