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Use the fact situation in Q30 to answer the related question that follows.Assume that before Mary ...

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Use the fact situation in Q30 to answer the related question that follows.Assume that before Mary ...

Use the fact situation in Q30 to answer the related question that follows.
Assume that before Mary signs the guarantee, she sees a lawyer for independent legal advice. Assume also that just before she signs the guarantee, the lawyer asks her if she is signing the guarantee freely and without threat of harm, duress, or undue influence and that Mary replies, "Yes, I am signing it freely and without threat of harm, duress, or undue influence." In these circumstances, if Mary changes her mind and does not want to be bound by the guarantee,
a. she will succeed because the bank cannot rely on the independent legal advice she received.
b. she will succeed because the guarantee is void for duress.
c. she will not succeed because of the doctrine of caveat emptor.
d. she will succeed because the guarantee is voidable for duress.
e. she will not succeed because the bank can rely on the independent legal advice she received.

Textbook

The Law and Business Administration in Canada

Edition: 14^th

Authors: Smyth, Soberman, Easson, McGill

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ohiosr Author

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6 years ago

Makes a lot of sense now

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