Reference no: EM133514503
The Application of Legal Principles in Business - Contract and Consumer Law" by Penelope McCann, 2nd Edition.
I didn't find the course so selected TAFE. I am enrolled with Applied education, Australia.
Fair Shake Sauce Pty Ltd (Fair Shake) is a client of the firm who has recently sought to increase the operational finances of its business.
Fair Shake is a wholly owned subsidiary of Big Red Ltd.
Fair Shake has approached Global Domination Bank (the Bank) for a loan to modernise its plant. The Bank requests a guarantee from both Fair Shake and Big Red Ltd for the loan monies.
Fair Shake provides the guarantee, but Big Red does not, instead providing them with a letter containing the following paragraph:
"It is our policy to ensure that the business of Fair Shake Sauce Pty Ltd is at all times in a position to meet its liabilities to you under the loan arrangements".
QUESTION 1
If Fair Shake were to default on both the loan and the guarantee, would the Bank be successful in holding Big Red liable for the debt? Why or why not?