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First National Bank v Achampong [2003]

Facts

  • A wife and joint tenant guaranteed her husband’s business debts
  • The bank failed to separately advise the wife about the risks of the transaction in accordance with guidance set out in RBS v Etridge [2002]

Issues

  • Was the transaction against the wife unenforceable as a result of undue influence?
  • What were the implications of an affirmative decision?

Decision

  • Presumed undue influence found, irrespective of proof of actual undue influence – preserving trusting relationships

Reasoning

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