Bob is an elderly man who lives with his niece, Julie. Bob is totally dependent on Julie’s support and care. Julie tells Bob that unless Bob transfers a parcel of land he owns to Julie for a price 75% below market value, Julie will no longer take care of him. Bob enters into the contract. Please discuss whether Bob could have the contract set-aside (found invalid or enforceable).
ANSWER :
● It is an instance of undue influence where Julie is in overwhelming and additionally better situation than impact the choice made by Bob. Here, Bob is under the strain to transfer a land parcel at a value that is 75% beneath the market price so he will be taken consideration off by Julie.
● Consequently, excessive impact made by Julie is coercive in nature. Thus, Bob can argue in to the official courtroom to be made constrained to go into the agreement and solicitation to make this agreement to be void. Accordingly, Bob can make this agreement to be void subsequent to demonstrating that he was held under excessive impact.
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