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
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.
Learn more about unconscionable conduct at https://brainly.com/question/13720902
Related Questions
______ creates the judicial branch whose main job is to interpret the laws
Answers
Answer: The United States Constitution
Explanation:
The judicial branch of the United States government is comprised of a system of federal courts and is responsible for interpreting and applying the laws of the U.S. Constitution. The judicial branch is established by Article III of the U.S. Constitution and is headed by the Supreme Court of the United States, which is the highest court in the country. The other federal courts in the judicial branch include the United States Courts of Appeals, District Courts, Bankruptcy Courts, and Specialized Courts such as the U.S. Tax Court and the U.S. Court of Federal Claims. The judicial branch is an independent branch of government that is intended to serve as a check on the other two branches, the executive and legislative.
One of the most important powers of the judicial branch is judicial review. This is the power of the courts to review the constitutionality of laws and governmental actions, and to invalidate those laws and actions if they conflict with the constitution. This power was established in the landmark Supreme Court decision, Marbury v. Madison, in 1803. Judicial review is important in maintaining a government of laws, not of men, as the judiciary ensures that all laws passed by the legislature and actions taken by the executive are consistent with the constitutional framework. This helps protect the rights and liberties of the people, as well as preventing the government from overstepping its authority.
What can Congress do to limit the power of the executive?
Answers
Regulations issued by Executive Branch agencies carry the full legal weight of the law, but they are only backed by laws passed by Congress.
What is meant by Executive Branch agencies?Regulations issued by Executive Branch agencies carry the full legal weight of the law, but they are only backed by laws passed by Congress. The President has the right to veto legislation that Congress adopts, but Congress also has the power to overturn a veto with a two-thirds majority in the Senate and the House of Representatives.The President has the authority to negotiate and sign treaties, which are then ratified by the Senate, and the Executive Branch represents the United States in international affairs. Executive orders issued by the president can command executive officials or further the purposes of already enacted laws. In accordance with their jurisdiction, executive agencies have the authority to formulate laws, conduct investigations, and put those laws into effect. The oldest bureaucratic elements in the country are many of the current executive agencies.
To learn more about Executive Branch agencies refer to:
https://brainly.com/question/838027
#SPJ4
2. Jane Jackson purchased a sealed can of Katydids, chocolate-covered pecan caramel candies manufactured by Nestle. Shortly after, Jackson bit into one of the candies and allegedly broke a tooth on a pecan shell embedded in the candy. She filed a complaint, asserting breach of implied warranty. How would you argue on behalf of the company?
Answers
Answer:
The argument for the company would be based on the fact that, she could have had a defective tooth which only broke while eating the Katydids candies. Most times, the warranty offered in food is with regards to the food being expired, unwholesome for eating due to foreign materials inside etc.
Her filing for breach of warranty over her defective tooth is uncalled for.
Explanation:
What happens once the Supreme Court has accepted a case?
Answers
Once the Supreme Court accepts a case, there are several steps that take place before a final decision is made. First, the justices will review the briefs and arguments presented by both sides of the case. They may also review lower court rulings, transcripts of hearings, and relevant laws and precedents.
After reviewing the case materials, the justices will hold oral arguments where attorneys for each side present their case in front of the court. During these arguments, the justices may ask questions and challenge the arguments presented.
After the oral arguments, the justices will meet privately to discuss the case and come to a decision. The decision is usually written by one justice, but all justices have the opportunity to provide input and write a separate opinion if they choose to do so.
Once a decision is made, it is announced in open court and the written decision is released to the public. The decision may set a new legal precedent or clarify an existing one, and it is binding on all lower courts in the United States.
In summary, accepting a case is just the first step in the Supreme Court's decision-making process. Once a case is accepted, the justices will review the case materials, hold oral arguments, and then meet privately to discuss and come to a decision. The written decision is then announced and released to the public, and it sets the legal precedent for future cases.
For more such questions on Supreme Court
https://brainly.com/question/15111973
#SPJ11
The long-standing business models of traditional media industries are under constant attack from digital alternatives as they attempt to transform how they operate in a process known as
Answers
The process of traditional media industries attempting to transform how they operate in the face of digital alternatives is commonly referred to as digital disruption. This refers to the way in which new technologies and digital platforms have disrupted traditional business models, forcing media companies to adapt or risk becoming obsolete.
The rise of digital disruption has had a significant impact on the way traditional media industries operate, particularly in terms of revenue models. For example, many traditional media companies have seen a decline in advertising revenue as more and more businesses shift their advertising budgets towards digital platforms such as social media and search engines.
To adapt to this changing landscape, traditional media companies have had to explore new revenue streams such as subscription-based models or sponsored content. They have also had to invest in digital infrastructure and technology to better compete with digital-native companies.
Overall, digital disruption has fundamentally changed the media industry and continues to pose challenges for traditional media companies. Those that are able to adapt and embrace new technologies are likely to be the ones that survive and thrive in the future.
Learn more about traditional media: https://brainly.com/question/988086
#SPJ11
What did the Federalist do during the national debate over ratification of the new constitution?
Answers
During the national debate over the ratification of the new constitution, the Federalists played a significant role in promoting and supporting its adoption.
What is ratification of the new constitution?The Federalists were a major force in pushing and supporting the passage of the new constitution throughout the national discussion surrounding its ratification. The Federalists, who included notable individuals like Alexander Hamilton, James Madison, and John Jay, thought that the existence and prosperity of the young republic depended on a powerful central government.
The Federalists published a number of essays—later referred to as the Federalist Papers—in various publications to further their cause. These writings addressed different problems and complaints voiced by the constitution's opponents, known as the Anti-Federalists, while also presenting reasons in favor of the document.
To know more about ratification of the new constitution visit:
https://brainly.com/question/198717
#SPJ4
if the patient knew the inherent risk before treatment, the defendant may use ___________ as a defense in a lawsuit.
Answers
If the patient knew the inherent risk before treatment, the defendant may use the doctrine of assumption of risk as a defense in a lawsuit.
The doctrine of assumption of risk is a legal principle that applies when an individual voluntarily exposes themselves to a known and understood risk. In the context of a medical treatment or procedure, if the patient was adequately informed about the inherent risks involved and still decided to proceed with the treatment, the defendant (typically the healthcare provider) may argue that the patient assumed the risk associated with the procedure.
To successfully assert the assumption of risk defense, the defendant must demonstrate that the patient was aware of the specific risks involved, had a clear understanding of those risks, and willingly chose to proceed despite the knowledge. The defendant may need to provide evidence such as signed consent forms, documentation of discussions about the risks, or other relevant records to support their defense.
It's important to note that the availability and applicability of the assumption of risk defense can vary depending on the jurisdiction and specific circumstances of the case. Some jurisdictions have modified or limited the application of this defense in certain contexts, particularly in cases involving medical negligence or where there is a duty of care owed to the patient.
Additionally, even if the assumption of risk defense is successfully invoked, it may not completely absolve the defendant of liability. The court will consider other factors, such as the standard of care, the adequacy of informed consent, and whether any negligence or wrongful conduct occurred beyond the assumed risks.
In summary, if the patient knew the inherent risk before treatment, the defendant may use the doctrine of assumption of risk as a defense in a lawsuit. This defense relies on the argument that the patient voluntarily accepted the known risks associated with the medical procedure and willingly proceeded with the treatment despite that knowledge. However, the availability and application of this defense can vary, and other factors may still be considered in determining liability.
Learn more about defendant here
https://brainly.com/question/10459518
#SPJ11
Which is not true of STRs?
a. STRs are found in all parts of DNA.
b.STRs are often about 2-5 base pairs long.
c. DNA contains hundreds of STRs.
d.CODIS uses STRs.
Answers
True or False? (try your best to answer all please, but you don't have to at least most of them lol)
1.) Children born in the US to foreign-born parents can never be US citizens
2.) Naturalized citizens may run for the office of president.
3.) Immigration laws give preference to certain groups of people.
4.) Many Africans were brought to the Americas as slaves.
5.) Under the US form of government, the people govern themselves through the officials they elect.
6.) Aliens, or people in the US, who are citizens of another country, cannot vote or hold public office.
7.) If your parents are US citizens, you are a US citizen, regardless of where you were born.
8.) Undocumented workers often are paid much more than the minimum wage.
9.) If you are born in any US state or territory, you automatically become a citizen by blood.
Answers
Answer:
1. False
4. True
5. True
Explanation:
This is all I know :)
what legal protection does the exclusionary rule outline?
Answers
Answer: It prevents the government from using most evidence gathered in violation of the United States Constitution.
Explanation:
The exclusionary rule is a legal principle that provides protection against unlawful searches and seizures by law enforcement officials.
It is a doctrine that prohibits the use of illegally obtained evidence in criminal trials. The rule is based on the Fourth Amendment to the U.S. Constitution, which protects individuals from unreasonable searches and seizures.
Under the exclusionary rule, if evidence is obtained in violation of the Fourth Amendment, such as through an illegal search or seizure, it cannot be used against the defendant in a criminal trial.
This means that even if the evidence would have been otherwise admissible and could have contributed to the defendant's conviction, it must be excluded from the trial.
The exclusionary rule serves as a deterrent to law enforcement officials who may be tempted to violate individuals' Fourth Amendment rights in the pursuit of evidence.
It also upholds the principle that the ends do not justify the means, and that law enforcement officials must follow the law and respect individuals' constitutional rights.
There are some exceptions to the exclusionary rule, such as the good faith exception and the inevitable discovery exception. The good faith exception allows for the admission of evidence obtained in good faith, even if the search or seizure was later found to be unlawful.
The inevitable discovery exception allows for the admission of evidence that would have been discovered lawfully, even if it was initially discovered unlawfully.
Overall, the exclusionary rule is an important protection against unlawful searches and seizures and serves as a check on law enforcement officials to ensure that they uphold individuals' constitutional rights.
For more question on "Exclusionary Rule" :
https://brainly.com/question/30108382
#SPJ11
I need some to help me write a 150 pages essay about this topic regarding the Participants of crime portfolio
Answers
Answer:
hey look up essaytyper.com and they'll create you an essay if you enter your topic
Show an adequate demonstration of the relationship between
uncertainties and
risk against time on a graph.
Answers
In risk analysis, it is essential to assess potential losses and the likelihood of their occurrence. Uncertainties are quantified as probabilities and represented by a risk curve, which depicts the relationship between risk and time. The shape of the risk curve varies based on the level of risk and the duration under consideration.
Typically, the curve starts at a low probability, gradually increases to a peak representing the maximum probable risk level, and then declines.
This peak serves as a reference point for risk assessment.
Risk curves are constructed using historical data on past hazards, such as natural disasters or accidents, along with the associated probabilities.
In summary, uncertainties and risks are interconnected, and a risk curve effectively portrays the temporal evolution of risk.
Read more about uncertainties
https://brainly.com/question/14650744
#SPJ11
2.1. Name and explain the purpose of one law/legislation that protects citizens
against the specific gender based violence
Answers
Answer:
Uniform
Explanation:
Growing up, we have all been taught the stereotypical clothing each person should wear. E.G, a few weeks ago in my English class we were having a debate about how till this day, most girls choose to wear skirts, even if there is the option of trousers. I just think that this is something that has grown with us, and i guess people will still be judgemental in the future elsewhere.
What is a warranty?
(A) It is a stipulation about the contract.
(B) It is a stipulation essential to the main purpose of the contract
(C) It is a stipulation collateral to the main purpose of the contract.
(D) It is a statement of commendation by the seller.
Answers
Answer:
C) because when you give a warranty its collateral if the product is lost, breaks, and ect that why you pay a little extra money
Explain why is law is an instrument which regulate human conducts?
Answers
Answer:
Law is an instrument which regulates human conduct/behavior. Law means Justice, Morality, Reason, Order, and Righteous from the view point of the society. Law means Rules of court, Decrees, Judgment, Orders of courts, and Injunctions from the point of view of Judges.
Which term refers to the conversion of firearm evidence into two or three dimensional images?
A. Forensic photography
B. Criminal imaging
C. Forensic imaging
D. Ballistic imaging
E. Tool mark imaging
Answers
What is the first policy that impacts Indigenous peoples like
me?
Answers
The first policy that impacts Indigenous peoples is the Doctrine of Discovery.
The Doctrine of Discovery was the first policy that impacted Indigenous peoples. The Doctrine of Discovery, which emerged in the fifteenth century, provided a legal foundation for European claims to land in the Americas, Africa, and Australia. Indigenous peoples' rights to land, resources, and self-determination were disregarded by this colonial system, which was based on the belief that Indigenous peoples were subhuman and incapable of governing themselves. As a result, Indigenous peoples were frequently exploited, enslaved, and subjected to cultural genocide.
To know more about genocide visit:
brainly.com/question/32013150
#SPJ11
the court in the weichert co. realtors v. ryan case held that the performing party was entitled to recoup the reasonable value of the services rendered under:
Answers
The court in the weichert co. realtors v. ryan case held that the performing party was entitled to recoup the reasonable value of the services rendered under quantum meruit.
Article 2 appears to apply to sales contracts for goods.. Goods were items that could be located as well as transported there at time the contract was formed. [3] "Goods" include items such as pens, boats, computers, vehicles, as well as animals. In contrast, "goods" do not encompass real estate, services, as well as intangible assets (including such intellectual property).
Promissory estoppel, a general contract concept, states that a party may recover depending on a contractual obligation whether that party reasonably relied on the guarantee and the party seeking rehabilitation adversely relies entirely on the promise.
Therefore, the correct answer will be option (b)
To know more about court
https://brainly.com/question/8433911
#SPJ4
The question is incomplete, the complete question is
___"The court in theWeichert Co. Realtors v. Ryancase held that the performing party was entitled torecoup the reasonable value of the services rendered under".__
A)an express contract.
B) quantum meruit.
C)promissory estoppel.
D)article 2 of the UCC
Will mark Brainliest
Explain why the Rational choice Theory can be acceptable to why people commit crimes. provide an example of how this theory can explain crime in today's society.
Answers
Hope this helps
In Florida, how many kinds of field sobriety tests are
there?
Answers
Match the operation with the appropriate lead agency
1. Investigate deliberate damage to an interstate rail line
2. Conduct house-to-house notification of emergency evacuation
3. Barricade state and interstate highways
4. Incarcerate those suspected of vandalizing the rail line until they are charged
state highway patrol
Federal Bureau of Investigation
county sheriff
local police department
Answers
The correct match of the operation with the appropriate lead agency is given below.
1. Investigate deliberate damage to an interstate rail line - County Sheriff
2. Conduct house-to-house notification of emergency evacuation - Local Police department
3. Barricade state and interstate highways - State Highway Patrol
4. Incarcerate those suspected of vandalizing the rail line until they are charged - Federal Bureau of Investigation
The Federal Bureau of Investigation or FBI is a special agency that investigates a variety of criminal activities like terrorism, cybercrime, public corruption, civil rights violations, and other major crimes. It is the domestic intelligence agency of the United Sates that also enforces federal laws.
To know more about Federal Bureau here
https://brainly.com/question/13776234
#SPJ1
Most agency relationships are created by law.
O True
O False
Answers
Most agency relationships are created by law is False. While some agency relationships are created by law, not all of them are.
Agency relationships can be created by law, but they can also be formed through mutual agreement between the principal (the person or entity delegating authority) and the agent (the person or entity acting on behalf of the principal). These agreements can be written or verbal and do not necessarily require legal intervention. Therefore, it is not accurate to say that most agency relationships are created by law.
Learn more about intervention here:
https://brainly.com/question/31764553
#SPJ11
What is the name of the proceeding in which the homeowner files suit in the courts after paying taxes under protest when he is challenging the assessed value of his home
Answers
the name of the proceeding in which the homeowner files suit in the courts after paying taxes under protest when he is challenging the assessed value of his home is Certiorari Proceeding
Legally, certiorari is a judicial process that seeks judicial review of decisions by lower courts or government agencies. Certiorari comes from the name of the English privilege written by the High Court to order the lower court case to be sent to the High Court for retrial.
The term certiorari is derived from the Latin language of law and means "to provide more comprehensive information." The warrant orders the lower court to keep a record of the case for consideration by the High Court. The US Supreme Court uses discretionary appeal to select most cases to be heard.
Learn more about Certiorari here:https://brainly.com/question/12106865
#SPJ4
In an act of recklessness, Ryan bets his friends he can drive down a crowded street blindfolded, and he ends up striking Cameron. Under which of the following circumstances would Cameron be barred from any recovery from Ryan?A) If Cameron had bet Ryan's friends he could run in front of Ryan without being hitB) If Cameron was mildly intoxicated while walkingC) If Cameron could hear Ryan's car approaching but had no place to hideD) If Cameron had not looked before stepping into Ryan's path
Answers
In an act of recklessness, Ryan bets his friends he can drive down a crowded street blindfolded, and he ends up striking Cameron.
Under which of the following circumstances would Cameron be barred from any recovery from Ryan is if Cameron had bet Ryan's friends he could run in front of Ryan without being hit. Recklessness is defined as conduct in which a person has a higher risk of injury or damage than an ordinary individual would have. It is often used in tort law to decide whether someone who caused an accident or harm did so intentionally, with negligence, or recklessly. It's a more severe degree of negligence than the normal careless conduct. Negligence is a breach of duty owed to another person, whereas recklessness is an intentional act that results in an unreasonable risk of injury or harm to another person Torts are a type of civil law that encompasses a wide range of causes of action.
Learn more about recklessness here:
https://brainly.com/question/30901480
#SPJ11
Describe the negative impact of failing to acknowledge unity diversity
Answers
Answer:
Explanation:
Failing to acknowledge unity in diversity can have several negative impacts on individuals, communities, and societies:
Divisions and Conflict: Ignoring or neglecting the value of unity in diversity can lead to divisions and conflicts within society. When differences are not acknowledged and respected, it can result in prejudice, discrimination, and social tension. This can create an environment of hostility and hinder social cohesion.
Marginalization and Exclusion: Without recognizing and embracing diversity, certain groups or individuals may be marginalized or excluded. This can lead to unequal access to opportunities, resources, and rights. Marginalized groups may face discrimination, stigmatization, and limited participation in social, economic, and political spheres.
Lack of Representation and Voice: Failing to acknowledge unity in diversity can result in the underrepresentation of certain groups in decision-making processes and institutions. This lack of representation can lead to a distortion of perspectives and interests, excluding diverse voices from shaping policies and initiatives that affect them.
Missed Opportunities for Innovation and Growth: Diversity brings different perspectives, experiences, and ideas to the table. When unity in diversity is not recognized, these valuable contributions may be overlooked or dismissed. This can limit the potential for innovation, creativity, and problem-solving. Embracing diversity, on the other hand, can foster innovation and lead to broader perspectives in various fields.
Social Injustice and Inequality: Failing to acknowledge unity in diversity can perpetuate social injustice and inequality. It can reinforce existing power structures and systems that disadvantage certain groups based on their identity. This can hinder social progress, hinder equal opportunities, and contribute to persistent disparities in education, employment, healthcare, and other domains.
Cultural Erosion and Loss: Neglecting diversity can result in the erosion and loss of cultural traditions, practices, and knowledge. Cultural diversity enriches societies by providing a variety of cultural expressions, languages, and perspectives. When unity in diversity is not acknowledged, cultural homogenization may occur, leading to the loss of cultural heritage and identity.
Overall, failing to acknowledge unity in diversity can lead to divisions, inequalities, and missed opportunities. Recognizing and embracing diversity is essential for fostering inclusive and harmonious societies that value and respect the contributions and rights of all individuals and groups.
PLS MARK ME BRAINLIEST
Answer:
This can give rise to various social tensions between different states and people of linguistic origin. It causes corruption and illiteracy in many areas of the country. Due to underdeveloped infrastructure, power shortage, roads etc.
the fair labor standards act restricts working hours for youth under what age?
Answers
The Fair Labor Standards Act (FLSA) restricts working hours for youth under the age of 16. This law sets guidelines for minimum wage, overtime pay, and child labor regulations, ensuring the protection and well-being of young workers. It places specific limits on work hours, types of jobs, and the conditions under which youth can be employed, creating a safe and fair working environment for them.
The Fair Labor Standards Act restricts working hours for youth under the age of 16. This act was passed in 1938 and established the minimum wage, overtime pay, record-keeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. The law ensures that children under the age of 16 are not employed during school hours and are not allowed to work more than three hours on school days. Additionally, they are restricted to working no more than 18 hours per week during the school year and no more than 40 hours per week during non-school weeks.
To know more about child labor regulations visit:
https://brainly.com/question/29628167
#SPJ11
analyze the impact of gender based violence on individual or community
Answers
Answer:
lower productivity and thus reduced economic output and growth, and increased pressure on social and health services.
Explanation:
Charlotte chambers and other oklahoma residents chartered a van in oklahoma from keemah charter, a louisiana corporation, to attend a basketball tournament in new mexico. While travelling from oklahoma to new mexico, the van stopped in texas. Chambers fell on the steps in the van and broke her ankle. She sued, claiming that keemah failed to maintain the van in a safe condition. Keemah contended that the plaintiff's carelessness caused her injury. Which of the following state's law should apply to the case? a. texas law should apply to the case because that is where the injury occurred. b. oklahoma law should apply to the case because that is where the contract was made. c. new mexico law should apply to the case because that is where the contract was performed.
d. louisiana law should apply to the case because keemah charter is a louisiana corporation.
Answers
Analyzing the state's law will be the application of the rules that can differentiate the rules of law. In this scenario, without specific information about the choice of law rules in each relevant jurisdiction, it is difficult to provide a definitive answer. However, I can provide some general principles that may help in making the determination.
Typically, courts apply the law of the state with the most significant relationship to the case. Given the information provided, let's analyze each option:
a. Texas law should apply to the case because that is where the injury occurred.
This option suggests that the law of the state where the injury occurred should apply. While the injury happened in Texas, it does not necessarily mean that Texas law automatically applies.
b. Oklahoma law should apply to the case because that is where the contract was made.
This option suggests that the law of the state where the contract was made should apply. If the contract between Charlotte Chambers and Charter was formed in Oklahoma, it could be argued that Oklahoma law should apply.
c. New Mexico law should apply to the case because that is where the contract was performed.
This option suggests that the law of the state where the contract was performed should apply. If the primary purpose of the contract was transportation to and from New Mexico for the basketball tournament, it could be argued that New Mexico law should apply.
d. Louisiana law should apply to the case because Charter is a Louisiana corporation.
This option suggests that the law of the state where the defendant corporation is incorporated should apply. If Charter is indeed a Louisiana corporation, it could be argued that Louisiana law should apply. However, the law of the state of incorporation does not always automatically govern all aspects of a case.
To know more about state law
brainly.com/question/12469633
#SPJ4
Please answer quickly
Answers
Answer:
Quickly
Explanation: its A
Violating any of the general rules of a right away found in 346.18 can result in the driver being issued a
Answers
Answer:
It may result in the issuance of fines.
Explanation:
The penalty for a driver who violated any of the traffic rules classified as 346.18 is the issuance of fines that will be proportionate to the damages caused by these violations, especially if they result in the death or injury of any person. For this reason, it is important that traffic laws are followed at all costs.