Maeve Entered into a Contract with Tyler

question 66

Multiple Choice

Maeve entered into a contract with Tyler.The parties had equal bargaining power and Tyler did not pressure Maeve into the agreement.Although she does not suffer from a mental illness or intellectual disability, and although she is an adult, Maeve is easily victimized in some commercial dealings.She is naive, immature, and unsophisticated.As a recent immigrant to Canada, she speaks English reasonably well, but she cannot read or write in English.She now wants to set aside her contract with Tyler on the basis that it is an unconscionable transaction.Which of the following statements is most likely to be TRUE?

• A)A judge may enforce the contract even if it is an improvident bargain from Maeve's perspective.
• B)The contract will be set aside unless Tyler proves that the agreement benefits Maeve more than it benefits himself.
• C)A court will presume that the transaction is unconscionable as soon as it hears evidence of Maeve's disadvantages.
• D)The contract cannot be enforced unless Maeve received independent legal advice.
• E)The contract will be set aside only if Maeve proves that Tyler exercised undue influence over her.

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