4. A branch manager of WR has received a request from a corporate customer, Acme Pty Ltd, which wishes to increase its overdraft. The bank is prepared to do so provided the company provides appropriate security in view of the fact that the current overdraft has exceeded its limit. Acme’s directors, John and Wisteria, suggest that Wisteria’s parents might be prepared to mortgage their home to the bank.

Required:

The manager seeks your legal advice about the pitfalls of accepting security from such people, and what precautions the bank would need to take if it decided to do so. ( See Amadio’s case).

Answers

Answer 1

The advice that should be provided to the bank manager about the pitfalls of accepting security from Wisteria's parents, including the necessary precautions the bank should take, include:

The bank should ensure that it provides adequate explanations to Wisteria's parents about the nature of the overdraft and the financial state of Acme Pty Ltd.

The bank should further explain the limitations of the guarantee involved with respect to the mortgage of the home.

The bank should discover if Wisteria's parents' home is under another mortgage.

The bank should take precautions that it does not fall into the pits that the classical case of Commercial Bank of Australia v. Amadio by not indulging itself in unconscionable conduct with the parents of Wisteria.

What is unconscionable conduct?

Unconscionable conduct is harsh conduct that goes against good conscience.

Unconscionable conduct is usually described as oppressive without considering its unfairness.

Thus, in seeking Wisteria's parents to mortgage their home to the bank, the bank manager should be careful not to mingle its business dealings with persons who lack the capacity to enter into a valid guarantee for Acme Pty Ltd.

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Related Questions

Discuss the main things to remember in the preliminary investigation

Answers

Answer:The preliminary investigator looks for things like what started the fire like matches, gas, lighters, cigarettes, bombs, anything that will fuel a fire.

Explanation:They also look look for things like the direction of the smoke, the flames, and the distance. When sweeping for bombs they do a room searching sweep.

Describe the impeachment process. Why are public officials impeached? What is the 25th Amendment? How is it used? Why is it used? To whom does it apply?

Answers

Answer:

1. As adopted by the framers of the Constitution, this congressional power is a fundamental component of the system of “checks and balances.” Through the impeachment process, Congress charges and then tries an official of the federal government for “Treason, Bribery, or other high Crimes and Misdemeanors.”

2. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

3. The Twenty-fifth Amendment (Amendment XXV) to the United States Constitution says that if the President becomes unable to do his job, the Vice President becomes the President (Section 1) or Acting President (Sections 3 or 4)

4.  Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

5. It clarifies that the vice president becomes president if the president dies, resigns, or is removed from office, and establishes how a vacancy in the office of the vice president can be filled.

6. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Explanation:

How does social media affect elections and campaigns? Is this a positive trend? Why or why not?

Answers

Social media can help voters get more informed about politics, but it can also provide false information that could affect the voters' opinions in a negative way. It can stir up trouble and cause friendships to end over contradicting political beliefs.

Why is plagiarism considered a crime?

Answers

Answer:

because the writer takes ideas from a source without giving proper credit to the author.

It is considered a crime because you are using someone other work and not giving credit

What might one do in an analysis section of a Rogerian argument?

Question 4 options:

Refute the opposition.


Rebut the counterclaims.


Qualify the claim.


Explore commonalities between multiple perspectives.

Answers

In analysis section of a Rogerian argument explore commonalities between multiple perspectives.

What is Rogerian argument?

Rogerian argument is a method that is used to resolve conflict or disagreement among individual.

This strategy put the offender into consideration and also bring about mutual understanding among the people involved.

Therefore, In analysis section of a Rogerian argument explore commonalities between multiple perspectives.

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1. after driving through dust, sand, or smoke, you should __________.

a. inspect your air filters

b. replace your windshield wipers

c. take your vehicle to a mechanic

d. test your brake response

Answers

Answer:

c. take your vehicle to a mechanic

Explanation:

Look up "Unit 25: Adverse Driving Conditions" on Quizlet and those flashcards had the answer on them. (I'd add a link but that goes against the policies on this website- Quizlet is completely free)

any person violating illinois preium finance laws if convicted , may be imposed a civil fine of up to

Answers

5000 per offense for violating the finance laws



In which situation would you be more likely to use the Rogerian model than the Toulmin model?
pick an answer
Your new job involves a lengthy commute. You call a family meeting in hopes to convince everyone that buying a hybrid car will save money.


Your friend believes the earth is flat so you aim to convince him that the earth is round.


Your company is under financial strain so each department must propose a potential solution. You analyze the solutions to determine the best approach, even if it means some departments might face cuts. To increase departmental investment in the solution you choose, you aim to bring everyone together through a shared value or goal.


Your department at work wants to reduce the number of employees. Fearing mass layoffs, you set up a petition for employees to sign in an attempt to remove the CEO with a vote of no confidence.

Answers

The situation in which you would be more likely to use the Rogerian model than the Toulmin model is Your friend believes the earth is flat so you aim to convince him that the earth is round.

What is the Toulmin Method?

This refers to the use of pragmatic thinking in order to persuade or convince someone of something.

We must note that this differs from the Rogerian method which has to do with those who have similar ethics and also with those that oppose the ethic to get them to work together.

Hence, the correct answer is option B because you want to convince someone who has a different perspective.


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In florida, which activity may legally require a boat be equipped with a wide-angle rearview mirror?.

Answers

Answer:

Towing another boat, tubing on a jet ski, etc.

Explanation:

The proper legal terms to describe the finding in wickard v. Filburn.

Answers

Answer:

Wickard v. Filburn, 317 U.S. 111, is a United States Supreme Court decision that dramatically increased the regulatory power of the federal government. It remains as one of the most important and far-reaching cases concerning the New Deal, and it set a precedent for an expansive reading of the U.S. Constitution's Commerce Claus…

Wickard v. Filburn suggests that commerce jurisdiction can be used to restrict activities as long as they have a significant, financial consequences on interstate trade.

What is legal terms?

A condition or activity is lawful if it is permitted or mandated by law. A biological or non-human organization that is considered as a people for specific legal reasons is referred as a legal adult. A juridical typical person has the right to be challenged and sued, possess possessions, and negotiate agreements.

The United States Supreme Court judgement in Result of ineffective v. Filburn, 317 U.S. 111, significantly strengthened the federal administration's ability to regulate.

It continues to be among the most significant and very far issues involving the Stimulus Package, and it established a foundation for a broad interpretation of the Constitutional Provision of the U.S. Constitution.

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What possible legal defense(s) could they use for criminal charges related to the burglary

Answers

Answer:

Legal defenses may be claimed when facing charges of either burglary or robbery such as innocence, lack of intent and entrapment. First, defendants may claim that they are innocent of the crime. The prosecution bears the burden of proving that the defendant committed the crime beyond a reasonable doubt.

Article II, Section 2, Clause 2 gives the President the power of appointment, but the guidelines for removal come from which two Supreme Court cases?

Answers

One of the guidelines for removal come from which the Supreme Court cases of Myers v. United States.

What is the ruling in Myers case?

The Supreme Court ruled that the restrictions on presidential removal power requiring Senate consent to remove postmasters were unconstitutional.

The judges explains further that the power to remove appointed officials rests solely with the president and does not require congressional approval.

Therefore, the case of Myers v. United States serves as a guideline for removal of appointed officials.

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Which of the following would be an example of Civil Law?
A driver who was caught speeding
A divorcing couple arguing about child custody
A person who has not paid income taxes for 5 years
An illegal immigrant facing deportation

Answers

Civil law deals with behavior that constitutes an injury to an individual or other private party, such as a corporation. Examples are defamation (including libel and slander), breach of contract, negligence resulting in injury or death, and property damage.

A driver who was caught speeding. :)

What is the part of the Civil Rights Act of 1964 that relates specifically to employee rights? A. Title Vu B. Title VIII C. Title V D. Title X​

Answers

Answer:

the answer is B.

Explanation:

This is because it was under that title.

why are most communities not benefiting from the national water act of 1998)​

Answers

The communities are not benefiting because the water infrasructure has not reached their society

What is the National Water Act 1998?

In South Africa, this is a legislation that provide fundamental reform of the law relating to water resources and guide the method of supplying water in the country.

The Act ensured that water supply are protected, developed, conserved and well in a sustainable manner for the benefit of all people.

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Embezzlement. A jail guard is working on the night shift all alone. He locks himself out of his office, leaving all the jail keys in the office. He remembers an inmate brought in earlier in the day who had lock-picking devices in his possession when he was booked. He goes to the evidence locker, retrieves the lock-picking devices, opens the locked door, and returns the devices to the locker. The lock-picking devices were gone for less than five minutes. Answer the following questions:
a. Has he embezzled the devices?
b. Does it make a difference that he put the property back within five minutes?
c. If you were his supervisor, how would you handle this situation?

Answers

Given that the jail guard picked the items and still tried to return them back to where he got them after using them, we can agree that

A. There was no embezzlement.b. It does not make a difference that he put the keys back from where he got them from.

What is an embezzlement?

This is a term that is used to refer to theft and the misuse of funds or other properties that were left in the care of a person.

It does not make a difference because he should not have used the keys at all. The evidence locker is a place where items do not have to be tampered with.

c. As his supervisor, I would let him go with a warning due to the surrounding story that caused him to do what he did.

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A space management system is a method for managing

Answers

Answer:

A process used to manage time, space, and visibility to reduce the risk of situations.

Why was the department of homeland security formed?.

Answers

Answer:

They were formed for terriostic attacks against the U.S.A.

Explanation:

They are public security for terrorist attacks.

_________________ can result in a jail sentence while ____________________ can result in a prison sentence. Group of answer choices Misdemeanors; felonies Civil offenses; criminal offenses Tort cases; probate cases Capital cases; tort cases

Answers

The crime that can result in a jail sentence is a Misdemeanor while the crime that results in a prison sentence is a felony.

What is the difference between prison and jail?

Jail is meant for less serious crimes and people sentenced to jail don't spend too long in them. This is why it is for misdemenors.

Prison on the other hand, is for more serious offences like felonies. People stay longer in prisons and they are run by higher authorities like state and federal governments.

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Misdemeanors can result in a jail sentence while felonies can result in a prison sentence.

What are misdemeanors and felonies?

A misdemeanor is a minor state offense that does not require serving a long time in jail.

A felony involves a grievous crime against the state that carries a long time in prison.

Thus, both misdemeanors and felonies are criminal offenses.

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Comparative advertising includes which of the following criteria?
(Select all that apply.)
O additional features
O cheaper quality
increased quantity
better price

Answers

Answer:

better price, increased quantity, additional features

Explanation:

How many pillars in Islam and explain them?

Answers

Answer: The five pillars

Explanation:

The five pillars – the declaration of faith (shahada), prayer (salah), alms-giving (zakat), fasting (sawm) and pilgrimage (hajj) – constitute the basic norms of Islamic practice.Jun 9, 2016

Answer:

There are 5 pillars of Islam

Explanation:

Shahada 1 prayer 2 zakat 3 fast 4  hajj 5

concepto de administración publica

Answers

En pocas palabras, la administración pública es la planificación, organización, dirección y coordinación de operaciones para servir al bien público. Esto normalmente lo manejan aquellos que trabajan para el gobierno, pero también hay muchas personas que trabajan para organizaciones sin fines de lucro que están involucradas con la administración pública.

Many people in an area have lost their jobs and are about to lose their homes because they cannot make their monthly mortgage payments Jane , a lawyer , writes to all of these people saying she is willing to represent them to prevent the loss of their homes . Should she allowed to do this ?


PLEASE HELP!!!

Answers

Answer:

It's up to her.

Explanation:

I'm no lawyer but I think that they get to pick and choose if they want to accept any cases or not. I think that if she wants to take the risk to represent them, then she should be allowed to.

important role of PDEA in LAW ENFORCEMENT.

Answers

Answer:

The PDEA is a regular law enforcement and regulatory agency which is responsible for the efficient and effective law enforcement of all provisions on any dangerous drug and/or controlled precursors and essential chemicals.

Explanation:

What organizations does the state commissioner of insurance entitled to join

Answers

Answer:

An organization that solicits insurance only among its members is known as a fraternal benefit society. (I think this is it, I am not sure)

Explanation:

Tort 2
Whom should Mrs. Hightower sue for damages? Mr.Grant Why?

Answers

Answer:

Hightower should sue Mr. Grant because he is the father of the child who caused the mess on the floor and maid Mrs. Hightower fall.

Explanation:

What is the difference between being polite and being passive? Give some example​

Answers

Answer:

- Polite Is having or showing behavior that is respectful and considerate of other people.


- Passive accepting or allowing what happens or what others do, without active response or resistance.


Example: Jack is liked by other for being respectful and considerate. Mark is a person who accepts everyone but also negative vibes.

Henry hit Denny in his birthday party. Henry was prosecuted on battery charges by the district attorney. Subsequently, Denny took Henry into the court for money damages. Classify each legal action. What are remedies?

Answers

The legal remedies for a battery acti includes a penalty charge, restraining order, environment servitude etc.

What is a battery?

In law, its refers to a physical act that results in harmful contact with another person without that person's consent.

If a battery can be proved by a plaintiff against the accused, then, there will be legal consequence of the accused's action.

In conclusion, the legal remedies for a battery acti includes a penalty charge, restraining order, environment servitude etc.

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Difference between confidentiality and privacy

Answers

Answer:

Main Differences Between Privacy vs Confidentiality

Privacy

The ability to keep one’s life and perso ...

Applies to individuals

Personal choice

A human right backed up the government

vs

Confidential

Applies to information

Professional obligation

An agreement between two or more parties

A piece of personal information shared

Explanation:

Answer:

C

Explanation:

Privacy protects the user, while confidentiality protects the data.

1. What ethical guidelines will the soft drink
company need to follow to market a drink in
the UK (United Kingdom)?

Answers

One ethical guideline that soft drink companies follow to market in the United Kingdom is not to advertise to children under 16 years in some media.

What are ethical guidelines?

Ethical guidelines are rules that must be observed in doing business to minimize breaking business ethical guidelines.

Ethical guidelines define actions that are morally right or wrong.  The guidelines are provided to be followed to avoid violations and their consequences.

Thus, a soft drink company marketing a drink in the United Kingdom must follow ethical guidelines, including:

Ensuring proper labeling of their products. Indication of product contents, production and expiration dates, and other warnings.

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