Malkit sold a house to Amanda. The evidence indicates that Amanda owed fiduciary obligations to Malkit both before and after the agreement was signed. Which of the following statements is TRUE?
A) In order to set aside the contract, Malkit must prove that the agreement is unfair to him.
B) Amanda has an absolute right to have the contract set aside.
C) Malkit is entitled to receive Amanda's performance even though he is not required to perform his obligations under the agreement.
D) The contract will be set aside unless Amanda proves that she was unaware of her fiduciary obligations.
E) The court will presume that Malkit entered into the contract as a result of Amanda's undue influence.
Correct Answer:
Verified
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