With Respect to Having the Court Set Aside a Contract

question 70

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)Where undue influence is established,the resulting contract is voidable,not void.
• 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)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.

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Definitions:

Milgram Experiment

A psychological experiment conducted by Stanley Milgram in the 1960s to study obedience to authority, where participants were instructed to administer electric shocks to another person.

Stanford University Prison Experiment

A psychological study conducted by Philip Zimbardo in 1971 at Stanford University, where students were assigned roles of prisoners and guards to explore the effects of perceived power.

Generalization

Drawing a conclusion about a certain characteristic of a population based on a sample from it.

Logical Support

The provision of reasons or evidence to justify a claim or argument.