You and your parents were both surprised when grandmother said the doctor told her to come for weekly checkups, because she didn't seem sick. Nevertheless, you dutifully took her to and from her appointments for a period of about six months. She never talked about these sessions, but loved to go. Now she has come to the family and said that she is sorry that she gave him the oil paintings and sold him the farm. On these facts, which of the following is false?
A) If a court held that the property was obtained by undue influence, the contract would be voidable at the option of grandmother, the weaker person.
B) In a court action, if she claimed the return of her property on the basis of undue influence, the court would presume undue influence and the doctor would have to prove that the property was freely given.
C) A presumption of undue influence doesn't mean the weaker party will automatically get her property back.
D) If grandmother had gone to her own lawyer for independent advice before conveying her property to the doctor, she would have more difficulty arguing undue influence.
E) It would be easier for her to argue duress than undue influence.

Question

Quizplus · Accepted Answer

Duress involves coercion or threats, which is different from undue influence that typically involves taking advantage of a position of power over someone who is vulnerable. The scenario suggests undue influence (exploiting the trust and dependency of the grandmother) rather than duress, making it less applicable and thus harder to argue duress in this context.

You and Your Parents Were Both Surprised When Grandmother Said