Brianne discovered that her younger sister, Alda, desperate to break her addiction to cocaine and unable to get into a Canadian addiction program for many months, has made a contract with a doctor from the U.S.A. The doctor will treat at his centre immediately, in return for which Alda has signed over to him the inheritance from her grandmother to which she will have access when she turns 22 next year. Since the cost of the treatment is only a fraction of the value of Alda's inheritance, Brianne promises to pay for the treatment if Alda can reimburse her next year. However, the doctor refuses to release Alda from their contract, and she does not know what to do.
A) Alda must go through with the contract since she signed it and she is of age and mentally competent.
B) This is a case of duress and it is possible for Alda to repudiate it.
C) This is a case of undue influence, and, if Alda can prove it, she can avoid the contract.
D) This is a case of undue influence and, since the doctor cannot show that the agreement was fair to Alda, she can avoid the contract.
E) Although this is a case of undue influence, since Alda will be able to kick her habit at the doctor's clinic which is an invaluable benefit, she cannot show the price is unfair to her.

Question

Quizplus · Accepted Answer

The Answer of Brianne discovered that her younger sister, Alda, desperate to break her addiction to cocaine and unable to get into a Canadian addiction program for many months, has made a contract with a doctor from the U.S.A. The doctor will treat at his centre immediately, in return for which Alda has signed over to him the inheritance from her grandmother to which she will have access when she turns 22 next year. Since the cost of the treatment is only a fraction of the value of Alda's inheritance, Brianne promises to pay for the treatment if Alda can reimburse her next year. However, the doctor refuses to release Alda from their contract, and she does not know what to do.
A) Alda must go through with the contract since she signed it and she is of age and mentally competent.
B) This is a case of duress and it is possible for Alda to repudiate it.
C) This is a case of undue influence, and, if Alda can prove it, she can avoid the contract.
D) This is a case of undue influence and, since the doctor cannot show that the agreement was fair to Alda, she can avoid the contract.
E) Although this is a case of undue influence, since Alda will be able to kick her habit at the doctor's clinic which is an invaluable benefit, she cannot show the price is unfair to her.

Brianne Discovered That Her Younger Sister, Alda, Desperate to Break