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1 State three causes of action (ie, legal issues) which Mr and Mrs Amadio raised in challenging the mortgage guarantee they had signed? [3 marks]  
2 In reversing the decision of the trial judge, what three conclusions did the appeal court come to after its examination of the facts? [3 marks – 1 each]  
Answer the following from the judgment of Justice Gibbs  
3 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, in what circumstances would a bank be required to inform a potential guarantor about this? [2 marks]  
4 What were two facts in this case which persuaded Justice Gibbs that the bank should have made such a disclosure? [2 marks – 1 each]  
5 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 to decide the case)? [1 mark]
Answer the following from the judgment of Justice Mason (who decided the case on different grounds):
6 What was the ratio for his decision? [1 mark]
7 How was it different from the ratio adopted by Justice Gibbs? [1 mark]
8 Justice Mason identified three ways in which the bank on the one hand and Mr and Mrs Amadio on the other hand were positions of “gross inequality of bargaining power.”  What were three of those ways?  [3 marks]
Justice Mason and Justice Deane both explained the legal difference between unconscionable conduct (unconscionability) and undue influence.   
9 In your own words, what is the difference which the two judges explained between these two legal issues?  [2 marks]
Answer the following from the judgment of Justice Deane  
 10 What  was the ratio for Justice Deane's decision in favour of Mr and Mrs Amadio? [1   mark]
Answer the following from the judgment of Justice Dawson (who was the dissenting judge)  
11 What was 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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