Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

تمرين 14

Randall Shanks was a successful attorney, and Teresa, his fiancée, was a secretary and office manager in his office. To preserve his assets for his children from a prior marriage, Randall suggested they sign a premarital agreement, and Teresa agreed. Randall drafted suggested an agreement and gave it to Teresa ten days before their wedding. He responded to Teresa's questions about it, but he told her to get independent legal advice. Teresa consulted an attorney licensed in another state, who concluded the agreement would force Teresa to waive all rights as a spouse. She told Teresa to get advice from an attorney licensed in Teresa's state. Teresa returned the agreement to Randall and asked him to make some changes the attorney had suggested. Randall gave a revised agreement to Teresa and told her to review it with her attorney. Teresa did not seek further legal advice. Randall and Teresa signed the agreement and were married. The marriage failed, and when Randall asked for enforcement of the premarital agreement, Teresa alleged undue influence. Was there undue influence?