While George was visiting his physician, he mentioned to him that he wished to sell his expensive sailboat. The physician expressed an interest in buying the boat and offered to pay George $10,000 for it. George had intended to advertise the boat for $12,000 in the local newspaper but agreed to sell it to the physician for $10,000. Some weeks after the boat had been sold; George wished to avoid the contract. In this case, there is a rebuttable presumption of undue influence, because the purchaser was George's physician.

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The relationship between a physician and a patient is considered a fiduciary one, where a higher degree of trust and confidence is placed in the physician. In transactions between parties where one holds a position of influence or trust over the other, such as between a physician and patient, there is a rebuttable presumption of undue influence. This means that the transaction is presumed to be influenced by the stronger party (in this case, the physician) unless proven otherwise.

While George Was Visiting His Physician, He Mentioned to Him