Question: Using the IRAC Method I need help answering this: Background: Hiro is an employee of the Federal Bank of Australia (FBA) and works in the
Using the IRAC Method I need help answering this:
Background:
Hiro is an employee of the Federal Bank of Australia (FBA) and works in the consumer lending division. FBA is currently running a competition with its consumer lenders with first prize being a $25,000.00 bonus at the end of the year. Hiro is very keen for the bonus and decides to speak to his grandmother and an ex-girlfriend of his about arranging loans to boost his sales figures.
Hiro hadnt visited his grandmother recently and his parents hadnt informed him about his grandmother developing Alzheimers disease. He calls his grandmother and has a short conversation with her about the terms and conditions of the loan, saying to her I think Id probably come and visit more if you put in a pool in your backyard. This loan will allow you to build one. His grandmother mumbles back a reply about it being very lovely to hear from him and says that the weather has been very lovely recently. Hiro presses his grandmother for an answer on the loan and she replies, Whatever you think is best. Hiro skips the background check and proceeds with the loan, getting the documents signed the next day. Hiro wonders if hes done the wrong thing but assures himself there is no problem as his grandmother, despite never going to school, was always very wise in his view.
Hiro then makes a call to his ex-girlfriend, Sally. Sally was very pleased to hear from Hiro as she had always loved him and longed to be together with him again. Hiro, knowing of Sallys love for him, decides to exploit this love to ensure he gets another loan sale. Hiro says, If you get this loan, you can buy a house and we can live together. I really want to be with you again, but I cant see it working out unless you own a house. Sally, desperate for Hiros love, quickly agrees to the loan. As Hiro feels a bit bad for Sally, he reduces the interest on the loan and feels much better about himself.
Advise Hiro on the enforceability of the above contracts. Please use case law to support your answer.
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