Wilona was married to Wilbur for 40 years. She was devastated when he passed away. She had been very reliant on him and left all their business matters to him. She had always been a religious person and turned to her faith for solace.
She was visited by her local priest, Father Devout. She talked about her situation with him and concluded that she should sell her matrimonial home and move into a small unit. Father Devout was himself looking for a new home after the church had informed him that it would be selling the bungalow adjacent to the church building in which he currently lived as a cost- cutting exercise. He mentioned this fact in passing and Wilona insisted that she sell her house to him. When he asked how much she would want for the property, she said she had no idea of its worth. However, she had heard a neighbour say that a house in the street had sold for about $200,000, but, because she knew that her house would go to someone deserving, she would sell it to him for $100,000. This was in fact half its true value. She wouldn’t take no for an answer and Father Devout knew her to be someone who would obstinately insist on something once her mind was made up.
Wilona needed a bridging loan to purchase her unit. She does not trust banks and instead approached Sly, a fellow parishioner. Sly was a wealthy businessman, who told her he would give her the necessary funds if she signed a receipt for it so he ‘would have something to show the taxman’. In fact, the “receipt” was a basically-worded loan document, which provided that she was liable for interest at twice the rate that she could have obtained from a bank. Wilona signed the document without reading it because she thought Sly, as a fellow churchgoer, was “a good man”.
Wilona’s son and daughter have just flown in from their respective homes overseas and discovered what Wilona has been doing. They seek your advice on whether she can undo what she has done.
Advise Wilona’s children, discussing all available grounds for relief under Australian contract law.

Answers

Answer 1

Answer:whats the question

Explanation:

Answer 2

Answer:

A party is bound by the terms of a contract once it is signed whether or not the party has read or understood the terms in a contract (L'Estrange Rule). However, a signature is not binding where it was obtained by a fraud or misrepresentation, or where document was not known to be a contract by the party signing it (absence of "Intent".).

In the given case, there is a misrepresentation by Sly as a loan document was presented to Wilona as a tax receipt. Therefore, Wilona could repudiate the terms mentioned in the document.

Explanation:

A party is bound by the terms of a contract once it is signed whether or not the party has read or understood the terms in a contract (L'Estrange Rule). However, a signature is not binding where it was obtained by a fraud or misrepresentation, or where document was not known to be a contract by the party signing it (absence of "Intent".).

In the given case, there is a misrepresentation by Sly as a loan document was presented to Wilona as a tax receipt. Therefore, Wilona could repudiate the terms mentioned in the document.


Related Questions

what incentives influence people in their decisions about exercise and diet?​

Answers

Answer:

The incentives that influence decisions about exer- cise include forms of passive entertainment, like tele- vision and computer games. One incentive influenc- ing decisions about diet is the reduced cost of food.)

Explanation:

what is the voluntary trade?​

Answers

Where both countries or parties agree to trade their products.

Answer:

it's when the act of buyers and sellers freely and willingly exchanging in Market transactions

Explanation:

!

Mark was a new salesperson in an electronics store. He sold a TV to a customer and accidentally gave a 35% discount. His manager told him to be careful next time, but did not contact the customer to correct the sale. Then next day, a friend of the original customer came in and wanted to buy the same TV with the same 35% discount.

Should the second customer be allowed to receive the same discount?

Answers

Answer: Yes

Explanation:

The second customer should be allowed the same discount due to the precedent set by the introduction of an agency by ratification.

An Agency by ratification refers to when a principal ratifies the actions of an agent that acted without permission. The principal would then become bound to the action that was performed.

Mark was the agent and when the manager(principal) did not contact the customer to correct the sale, the manager ratified the actions of Mark and so is bound to the discount which means it should be extended to the customer's friend as well.

Describe how the Due process clause of the 14th amendment affects the guarantees in the Bill of Rights

Answers

Answer:

before the government may deprive someone of “life, liberty, or property.” In other words, the Clause does not prohibit the government from depriving someone of “substantive” rights such as life, liberty, or property; it simply requires that the government follow ...

The City of Sunshine is in the process of bringing a hockey team to the area and will need land on which to build a new arena. The site has been selected and Sunshine officials have offered the homeowners a fair amount for the property where the arena is to be built. What would this action fall under?

Answers

Answer:

This action would fall under the Fifth Amendment's eminent domain.

Explanation:

Eminent domain is the legal term used to denote the deprivation of ownership of an immovable or movable property by the state, within the framework of the law and against compensation. An overriding purpose serving the common good is cited as the justification for expropriations for traffic, military and other reasons related to state tasks.  

Since property is one of the basic rights in market-based democracies, expropriations are only possible there in certain legally regulated exceptional cases. Thus, in America this is reflected in the Fifth Amendment, which establishes that property can only be expropriated for public use and with due compensation.

What are strengths and weaknesses for social structure?

Answers

Strength:
The functionalist approach illustrates how a social institution can work at two different levels - both fulfilling the needs of each individual and meeting the needs of the whole society at the same time.

Weakness: The functionalist approach is too optimistic. It suggests that family life.

Define opening statement

Answers

Answer:

An opening statement is generally the first occasion that the trier of fact has to hear from a lawyer in a trial, aside possibly from questioning during voir dire. The opening statement is generally constructed to serve as a "road map" for the fact-finder.

Explanation:

21. All bills start in a committee, but the ideas for them can begin elsewhere. Ideas for laws can
start in all of these places EXCEPT: *
NEEDED FOR A TEST ASAP
a.With the president
b.With foreign leaders
c.With regular US citizens
d.With members of Congress

Answers

Answer:

C. :)

Explanation:

Answer:

b. With foreign leaders

Explanation:

Ideas for laws that CAN start in all of these places:

c. With regular US citizens  ⇒  You and I can come up with ideas for laws. In fact, most of the ideas for laws come from just regular US citizens.

d. With members of Congress  ⇒  Within Congress, representatives can come up with ideas for laws to help benefit the country. Members of the House of Representatives and the Senate can both do that.

a. With the president  ⇒  The president comes up with laws because he’s the one responsible for our country. So the president does still come up with ideas for laws to help with our country. But it’s not like the president gets to come up with anything he wants to and he can just sign the bill and it becomes a law. Every idea for a law always goes to Congress where the members decide if it’s good or not, including the president’s ideas.

Ideas for laws that CANNOT start in this place (the correct answer):

b. With foreign leaders  ⇒  Foreign leaders are leaders that are outside of our country. That’s what foreign means: overseas, distant, away, etc. Foreign leaders can’t come with ideas for laws because there not even in/part of our country.

In case you still don’t understand:

Example: Let’s say there is a King in England (there isn’t a king in England but this is just an example). Now, does the King of England get to come up with ideas for laws for our country? Absolutly not! He’s totally from a different country, and he doesn’t have the right to be in America’s business in making laws. He deals with his own country, not ours.

Hence,

Ideas for laws can start in all of these places EXCEPT:

b. With foreign leaders

Hope this helps! :D

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