Sarah is suing her lawyer,Tom Takeitall,for the return of property worth $20,000 that she had given him.She had signed a properly sealed document making the gift to him.She says she knew what she was signing but felt overwhelmed by his manner.
-Under these circumstances it is up to Tom Takeitall to prove that he did not unduly influence Sarah,if she simply alleges that he did.

Question

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In cases where a fiduciary relationship exists, such as between a lawyer and client, the burden of proof can shift to the fiduciary (Tom) to prove that there was no undue influence if the client (Sarah) alleges it.

Sarah Is Suing Her Lawyer,Tom Takeitall,for the Return of Property