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) A presumption of undue influence doesn't mean the weaker party will automatically get her property back.
B) 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.
C) 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.
D) It would be easier for her to argue duress than undue influence.
E) 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.

Question

Quizplus · Accepted Answer

The statement "It would be easier for her to argue duress than undue influence" is false. Duress is the use of threats or physical force to coerce someone into doing something against their will, whereas undue influence involves the use of a relationship of trust and confidence to persuade someone to do something they wouldn't have done otherwise. In this case, there is no indication that any threats or physical force were used, so duress would not be a valid argument.

You and Your Parents Were Both Surprised When Grandmother Said