
The law attempts to help persons who may feel forced to enter contracts. Which of the following is False with regard to the law of undue influence, duress, etc.?
A) An unconscionable transaction is one in which one party has been seriously taken advantage of, and the courts, in their equitable jurisdiction, can set such a contract aside.
B) If a contract favours the stronger party in a relationship (e.g., if a lawyer bought property from a client at far below the market value) , the court would presume undue influence (i.e., that the stronger party abused his dominant position) .
C) If the court presumes the existence of undue influence, the person asking for the return of the property will automatically get it back.
D) A contract entered into because of a threat of violence is voidable at the option of the victim.
E) Independent legal advice given to a person who wants to give a gift to a dominant person (e.g., his doctor) is good evidence to rebut a presumption of undue influence.
Correct Answer:
Verified
Q28: Randal embezzled $6000 of his employer's money
Q29: With respect to having the court set
Q30: Which of the following will have the
Q31: In Rochdale Credit Union v. Barney, a
Q32: According to Braut v. Stec, what is
Q34: Which one of the following mistakes voids
Q34: You and your parents were both surprised
Q35: A real-estate agent, Jones, was owed a
Q37: Jones offers to sell Smith his car.
Q38: A woman sought to set aside a
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents