The Law Attempts to Help Persons Who May Feel Forced

question 10

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.

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Definitions:

Employee Benefits

Various types of non-wage compensation provided to employees in addition to their normal wages or salaries.

Employee Relations

The efforts of an organization to manage relationships between employers and employees in order to maintain work-place harmony and resolve workplace conflicts.

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Individuals who have the responsibility and authority to oversee the work performance of others and guide them towards achieving the objectives of the organization.

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A structured group of individuals working together to achieve common goals or purposes, typically within an identified framework or system.