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Unformatted text preview: ADM 3360 A Kevin Spence 4476793 Chapter 9, Case 7 There is a good chance that McGraws action against Tower Bank will succeed. McGraw is likely to succeed for a few reasonsthe fact that Tower Bank misrepresented the documents that McGraw was signing, McGraw was subject to duress from the bank, and the bank had undue influence over McGraw. When someone signs a document, the act of signing creates a presumption that the signer accepts all of the terms contained in it. 1 However, that presumption may be rebutted when a party is expected to sign a document hurriedly and without an opportunity to read or understand it and when the other party has good reason to suspect that the signer may not fully comprehend the implications of signing the document. 2 This applies to the case as McGraw was forced to sign the documents. The bank manager told McGraw that the documents were only a matter of formality which implies that the documents did not contain anything that McGraw should be aware about and that she was only...
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- Winter '09