Question # 2: Don is an elderly man who lives with his nephew Evan. Don is depen

Question

Question # 2: Don is an elderly man who lives with his nephew Evan. Don is dependent upon Evan for care. Evan advises Don to “invest” in Evan’s professional gambling venture. Evan tells Don that he will no longer provide care unless Don makes the investment. Don sells all of his stocks and bonds and signs a contract with Evan investing the proceeds of his sale of the stocks and bonds in Evan’s professional gambling venture. Can Don set aside the contract? If Don is successful in setting aside the contract, what remedy should he seek in addition to setting aside the contract?

Explanation / Answer

This situation is under undue influence situation. It arised from a relationship in which Evan, through unfair persuasion or influence overcome the free will of Don. In this problem, the influence of Evan over Don is buttressed by Don’s reliance on Evan for care. Don can set aside the contract as it benefits Evan only and Evan used unfair persuasion over Don’s investment decision. It lacks genuineness of assent and so it is voidable.

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