Q1. Provide a summary of the background facts of the Amadio case. [3 marks]
Q2. Outline three causes of action (i.e. legal issues) which the Amadio’s lawyers raised to challenge the validity of the mortgage guarantee. [3 m Q3. Explain the three conclusions that the appeal court came to after its examination of the facts.
[3 marks]
Q4. Outline the ratio for Chief Justice Gibb’s decision in favour of Amadio (i.e. what were the legal issue or issues that Chief Justice Gibbs identified to decide the case)? [2 marks]
Look at the judgement of Justice Mason:?
Q5. What was the ratio of Justice Mason, and how did it differ from Chief Justice Gibb’s ratio? [2 marks]
Q6. Justice Mason raised the point that there were three different ways in which there was “gross inequality of bargaining power” between Mr and Mrs Amadio and Commercial Bank. Identity three of those ways. [3 marks]
Q7. Justices Mason and Deane explained the difference between unconscionable conduct (“unconscionability”) and undue influence. Outline in your own words what distinguishes unconscionable conduct from undue influence. [4 marks]
Look at the judgement of Justice Deane:?
Q8. Outline the ratio of Justice Deane for supporting Mr and Mrs Amadio. [2 marks]
Q9. Which judge dissented (that is, disagreed with the majority opinion) in the Amadio case? According to this judge, what is the general test for when a bank will be liable to a guarantor who has been induced to give their guarantee as a result of misrepresentation? [3 marks]
Q10. (2 parts: A & B)?
A. What remedies are available to victims of unconscionable conduct? (such as Mr and Mrs Amadio) Do you think that these remedies provide a sufficient outcome for victims of unconscionable conduct? [2 marks]
B. The law of unconscionable conduct is now also dealt with by statute under the Australian Consumer Law (ACL). Outline how the ACL deals with unconscionable conduct. [3 marks]
Word Count must be 1500 only.