In a Number of Cases, Problems Have Arisen Where a Wife

question 7

Multiple Choice

In a number of cases, problems have arisen where a wife guarantees the debts of her husband or his company to a bank but, on his default and the bank's request to enforce the guarantee, the wife alleges she was induced to guarantee by the husband's undue influence, misrepresentation, or pressure. To avoid rescission of the guarantee in the usual case, what are the minimum reasonable steps a bank must take to ensure the wife entered the transaction freely and knowledgeably?

• A) The bank must inform the wife itself of the nature of the transaction and the consequences of the guarantee, and obtain from her a confirmation that she entered into it of her own free will.
• B) The bank must order its solicitors to inform the wife of the nature and financial consequences of the transaction and obtain confirmation from her that she entered the guarantee of her own free will.
• C) The bank must communicate directly with the wife about the identity of her solicitor, disclose the necessary financial information to the solicitor and obtain a confirmation from the solicitor that the wife understands the nature and consequences of the transaction.
• D) The bank must demand from the husband that he duly informs his wife about the nature and financial consequences of the transaction and obtain from him a confirmation that she has been advised about the nature and consequences of the transaction.

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Definitions:

Hidden Stereotypes

Unacknowledged or unconscious biases that can influence perceptions and behavior towards certain groups of people.

Resilience

The capacity to recover quickly from difficulties or to bounce back from setbacks, displaying strength and adaptability.

Patience

The capacity to accept or tolerate delay, trouble, or suffering without getting angry or upset.

Tolerance

The ability or willingness to tolerate the existence of opinions or behavior that one dislikes or disagrees with.