The Law Attempts to Help Persons Who May Feel Forced

question 32

Multiple Choice

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.

---

Definitions:

Salary

A fixed regular payment, typically expressed on an annual basis, paid by an employer to an employee.

Linear Effects

In statistics and mathematics, linear effects refer to outcomes or relationships that change at a constant rate across variables.

Carbon Monoxide Output

The amount of carbon monoxide gas produced and emitted into the environment, typically by vehicles or machinery burning fossil fuels.

Tar

A dark, thick, and sticky liquid or semi-liquid material, often used in paving and waterproofing.