With Respect to Having the Court Set Aside a Contract

question 23

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

Two-sided Message

A communication strategy that presents both the positive and negative aspects of a subject, often used in persuasion to enhance credibility.

Trustworthy

Deserving of trust or confidence, reliable and honest.

Christian Singles

Individuals who identify with the Christian faith and are unmarried, often referring to a specific community or group.

Credibility

The quality of being trusted and believed in, often based on a reputation for honesty or reliability.