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Answered Same DayFeb 03, 2021

Answer To: Have attached the file

Ishika answered on Feb 04 2021
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HI6027 Business and Corporate Law 2021
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HI6027 Business and Corporate Law 2021
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PART A
In this case Sly misrepresented the loan paper as a tax receipt that had been sent to Wilona. Wilona may also deny the words alluded to in the paper.
A party is bound by contract terms until it has been concluded if the party reads or does not reco
gnize the contract terms (L'Estrange Rule). However, whether it was received through deception or misrepresentation, a text or a contract was not recognised as the party signing it, the signature is not binding (absence of "Intent".).
A signature shall seldom be binding whether the signature is obtained through fraud or falsification, or whether the signing party has a non-contractual form, as a party is bound by the A contractual form terms and conditions when it is signed, regardless of whether the party has or does not understand the terms and conditions set out in the following contractual form. A Party shall be bound by contract form terms and conditions after signature regardless of whether or not the Party has read and/or accepted the following contractual terms and conditions (L'Estrange Rule). However, signature is not binding, if the signature was obtained by a scam or a forgery or if the form of the signing party was not a contractual form seldom binding. In this case, Sly falsifies the loan form as a tax receipt was given to Wilona. Accordingly, the conditions mentioned in the form or document can be refused to Wilona.
Plaintiff needs to prove:
1. She was in a trusting relationship with the defendant (“Allacrd v skinner” – why Allcard seems to be in a trusting relationship). “Lindley LJJ” also said the applicant handed over all things in correspondence to the mother superior to the ascendant party (as the influencing party) and if checks were aimed at her the mother would take them out. . In “Lord Nicholls v Etridge”, there are some situations where one party is very weak or relying and dependent on the other side.[footnoteRef:1] This effect may occur undue influence. [1: Lord Nicholls in Royal Bank of Scotland v Etridge (No 2) [2002] AC 772 (HL)]
However, the legislation is very protective of a particular type of relations! The first is a father, a trustee, a doctor, a patient, a solicitor, a religious superior and a student. If this relationship is one, then the complainant has no need to show that the other party has affected him. The law presumes this is the case (trust relationship) and that you can't contradict it (it does not extend to child/parent) unless the applicant has to show a confidentiality element of his or her relationship, for instance, with the husband and wife, or the child/parent.[footnoteRef:2] “Lindley Ljj” points out the dangerous and undetected commitment to this attachment. (If one party is unstable, dependent or alone, this relationship may arise.) [2: Paterson, J., Robertson, A. and Duke, A., n.d. Principles of contract law.]
2. The transaction needs clarity (the defendant needs to prove this). The test of whether the transaction needs an explanation is the question Lindley LJJ asked – whether it is so big that it cannot fairly be kept to account for friendships, causes, relationships or other common reasons (acts) the donation must be sponsored. The test is whether the agreement needs an explanation to prove the other partner's freewill entry into the transaction.
If we send a bottle of champagne to our doctor/lawyer, we may assume that there is a faith and trust relationship between the two parties. The law is open to ludicrous, both Lindley and Lord Nicholls claim, because any buy is believed to have been obtained through unfair influence, unless otherwise proved.
“Allcard v skinner” – The court would not set aside the donation if it is of limited sums merely on the grounds that the donor has no independent advice where a...
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