Lois Lane Has Owned and Operated a Consulting Business for Five

question 19

Multiple Choice

Lois Lane has owned and operated a consulting business for five years. She guarantees a loan that her husband, Clark Kent, a mild-mannered reporter, takes out in order to buy some real estate as an investment. Note that Lois will not benefit directly from this investment. The investment fails, the husband declares bankruptcy, and the bank sues Lois on her guarantee. Lois pleads undue influence. Which of the following statements is TRUE?

• A)There is a presumption of undue influence when a wife acts as a guarantee for her husband.
• B)There is a presumption of undue influence when a bank takes a guarantee from a party who receives no benefit from the main transaction (the subject of the loan).
• C)Lois must establish undue influence on the fact of this particular case.
• D)The fact that Lois has her own business is likely to negatively impact any claim of undue influence.
• E)Both C and D

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Definitions:

Unlock Potential

The process by which individuals or groups are encouraged and enabled to achieve greater capabilities or achieve new levels of performance.

Human Resource Management

The strategic approach to the effective management of people in an organization, in a way that can help their business gain a competitive advantage.

Organisational Mission

A statement that defines the purpose, goals, and values of an organization, guiding its strategic direction and decisions.

Energetic Workforce

A group of employees who demonstrate vitality, enthusiasm, and a high level of activity in their work.