Max Shell borrows money from a bank to finance his clothing business. He signs a demand loan. After 10 year of operating his business and making regular payments on his line of credit, he begins to experience financial difficulty
The bank gets nervous and calls in the loan. Max meets with the bank manager and asks for time to raise the money. The manager says, "Sorry, Max, business is business." Max leaves the bank, returns to the store, and finds a bank-appointed receiver in charge. Is there anything Max can do?
A) No. A demand loan means that the bank can demand repayment at any time.
B) No. Max would have been better off signing a term loan rather than a demand loan, since he would then have had to the end of the term to come up with the money.
C) Yes. The bank did not act in good faith and the courts will apply principles of equity.
D) Yes. Even though this was a demand loan, the bank was obliged to give Max a reasonable amount of time to meet the demand.
E) Both A and B
D
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