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.
C) If the court presumes the existence of undue influence, the person asking for the return of the property will automatically get it back.
You might also like to view...
Typically, the largest, continuous cash inflow for a business will come from?
A. Sale of our stock to investors B. Bank loans C. Cash collected from customers D. Cash interest received on our investments
A salesperson has enrolled in a 25- hour approved course two week prior to the one issuance of their original license. Due to the medical emergency to licensee is unable to complete the course within the one year required time period and their license lapses. Can the licensee reinstate the lapsed license?
A. No, the licensee would have to start as an original applicant. B. No, the 25 hours must be completed within the first year of licensure. C. Yes,,if they produce a medical certificate of incapacitation and complete the course within six months of the lapsing of the license. D. Yes, by passing a new state licensing examination and completing the 25 hours of instruction approved by the Commission.