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misrepresentation/undue influence

 
 
Reply Mon 14 Mar, 2011 05:53 am
Hi everybody,

I'm looking for some help to find case laws from any country using the case law, about misrepresentation and undue influence in a case were a personal asset is a guarantee for the bank in a case of a business failure.
Do you have any idea of some that can fit to this case?

Thanks a lot
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Type: Question • Score: 0 • Views: 972 • Replies: 5
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PUNKEY
 
  1  
Reply Mon 14 Mar, 2011 06:40 am
You need to ask your question more clearly.

FOR the bank?
TO the bank?

answer73
 
  1  
Reply Mon 14 Mar, 2011 06:50 am
@PUNKEY,
actually the asset is asked by the bank to use it as security for the guarantee Smile
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PUNKEY
 
  1  
Reply Mon 14 Mar, 2011 06:56 am
personal business loan
or
corporation loan.??

Banks want collateral, require it.
answer73
 
  1  
Reply Mon 14 Mar, 2011 07:14 am
@PUNKEY,
Sorry I don't really get the personal business or corporation loan. What I can tell it that it is for the launch of a business, so the contract is made in the name of this business, but the guarantee is backed up by a house of a family member. This member is old, under heavy medication; I have to demonstrate that the bank exploited the situation by making him sign a contract which he is not aware of all conditions.
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PUNKEY
 
  1  
Reply Mon 14 Mar, 2011 08:32 am
It sounds like it was not a loan taken out by a corporation, but rather just a personal loan used to launch a business. (mistake)

About the only thing you could show was diminshed character of the signee.

Does this person have dementia?

You really should get a contract lawyer.

How did all this happen, anyway?

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