CRCJ 3003 Lecture Notes - Lecture 10: Fiduciary
2 Aug 2016
School
Department
Course
Professor
Document Summary
Equity functions as bandage that the rest of private law cant solve. Attempting to serve justice when traditional concepts do not lend to just results. Intervention when inequality so extreme that it is unconscionable. Expectant heir: taking advantage of someone who is in dire situation before an heir is about to be owned. Undue pressure: if person is in position of power and uses power unjustly to get a deal done. Employer/employee relationship can create undue pressure if veiled threats are made. Son gets a loan from the bank and he gets his dad to be a guarantor in case he defaults. Business does poorly and bank comes back and says to continue loaning they must have a higher guarantee. Bank manager gives contract to mr bundy and tells him his son"s business might be ok if he gets this loan. Lending money to son and being bankers for mr bundy.
