With Respect to Having the Court Set Aside a Contract

question 137

Multiple Choice

With respect to having the court set aside a contract on the basis of undue influence, which of the following is false?

• A) If a client transferred property to his lawyer and later claimed the transfer was due to undue influence, the law would presume the transfer was due to undue influence.
• B) If the court presumes the existence of undue influence, the person asking for the return of the property will automatically get it back.
• C) A contract made in favour of a dominant person who exerted undue influence over the weaker party is voidable at the option of the weaker party.
• D) If you are a dominant person in relation to an aged relative who wants to sell you his house below market value, you should insist that the aged relative receive independent legal advice.
• E) Where undue influence is established, the resulting contract is voidable, not void.

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