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Maeve Entered into a Contract with Tyler

Question 34

Multiple Choice

Maeve entered into a contract with Tyler. Although she does not suffer from a mental illness or intellectual disability, and although she is an adult, Maeve is easily victimized in commercial dealings. She is naive, immature, and not very bright. As a recent immigrant to Canada, she speaks English reasonably well, but she cannot read or write it. She now wants to set aside her contract with Tyler on the basis that it is an unconscionable transaction. Which of the following statements is most likely to be TRUE?


A) A court will presume that the transaction is unconscionable as soon as it hears evidence of Maeve's disadvantages.
B) The contract will be set aside unless Tyler proves that the agreement actually favours Maeve over himself.
C) The contract will be set aside only if Maeve proves that Tyler exercised undue influence over her.
D) A judge may enforce the contract even if it does not provide any benefit to Maeve.
E) The contract cannot be enforced unless Maeve received independent legal advice.

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