BUS101: Judgment of Justice Gibbs - Business Law Assignment

Internal Code: MAS3636

Business Law Assignment:

1) Is a bank always required to inform an intending guarantor about the state of the account of the customer which is to be guaranteed? If not, under what circumstances would a bank be required to inform a potential guarantor about this? 2) What were two facts in this case which persuaded Justice Gibbs that the bank should have made such a disclosure to the Amadios? 3) What was the ratio for Justice Gibbs’s decision of the case in favour of Mr and Mrs Amadio [i.e., what was the legal issue or issues (not just facts) this judge identified decide the case? 4) How did the ratio (legal issue) for Justice Mason’s decision differ from the ratio used by Justice Gibbs? 5) Justice Mason identified several ways in which the bank on the one hand and Mr and Mrs Amadio, on the other hand, were in positions of “gross inequality of bargaining power.” What were three of those ways? 6) What should be the general test (ie, the proper circumstance) in which a bank would be liable to a guarantor who has been induced to give a guarantee as a result of some misrepresentation about the guarantee?    

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