With Respect to Having the Court Set Aside a Contract

question 78

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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Definitions:

Quantity Supplied

The quantity of a product that suppliers are ready to sell at a particular price during a defined time frame.

Comparative Advantage

An individual's, a business's, or a nation's potential to produce a service or good at an opportunity cost that is inferior to that of its competition.

Production Possibilities

Production possibilities refer to the different combinations of goods and services that an economy can produce given its available resources and technology.

Specialization

The process of focusing effort and resources on a limited number of activities to increase efficiency and productivity.