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Sneddon 124)

1) The contract between Don and Evan is voidable as it was entered into under undue influence without genuine consent. Undue influence occurs when one party uses unfair persuasion to overcome another party's free will. 2) A relationship of trust and confidence existed between Don and Evan as uncle and nephew, placing the burden of proof on Evan to show Don entered into the contract freely and independently. 3) While the influence did not amount to legal duress, equity allows the contract to be voided due to the undue influence from Evan's abuse of Don's confidence and trust in coercing him into the transaction.

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56 views3 pages

Sneddon 124)

1) The contract between Don and Evan is voidable as it was entered into under undue influence without genuine consent. Undue influence occurs when one party uses unfair persuasion to overcome another party's free will. 2) A relationship of trust and confidence existed between Don and Evan as uncle and nephew, placing the burden of proof on Evan to show Don entered into the contract freely and independently. 3) While the influence did not amount to legal duress, equity allows the contract to be voided due to the undue influence from Evan's abuse of Don's confidence and trust in coercing him into the transaction.

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Carlos Alphonce
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(Surname)1

Student’s Name

Professor’s Name

Course

Date

The situation represents a relationship under undue influence. Undue influence arises

when one party overcome or influence the free will of another using unfair persuasion. Undue

influence implies improper and unfair conduct, coercion from outside, a certain type of cheating

and to an extent of gaining a personal advantage (Sneddon 124). Actual undue influence

occurred since Evan (the wrongdoer) exerted undue influence on Don to enter into the

transaction of investing in gambling business which is expected to be impugned. Such scenarios

are related to other cases such as the relationship between attorney-client, business partners and

doctor-patient (Paterson & Jeannie 12).

The contract between Don and Evan is voidable since it lacks genuineness of assent as it

was entered under undue influence. Presumed undue influence can be demonstrated in the above

case of the relationship between Don and Evan made of trust and confidence and it was unfair

for Evan to abuse the relationship in coercing elderly Don to enter into the impugned transaction

(Sneddon 124). In this scenario, the influence of Evan over Don is perpetuated by the reliance on

Don on Evan for support. A claim for duress lacks in Don but the influence of Evan on

investment decision of Don is undertaken under undue influence. Evan is expected to primarily

benefit from the contract and Evan applied unfair and biased persuasion to acquire funds

belonging to Don. Don can avoid the contract. The contract is thus voidable by the option of Don

(MacIntyre & Ewan 85).


(Surname)2

In the case above, there is no rationale to produce evidence that particular undue

influence occurred in relation to the impugned transaction. A confidential relationship has arisen

from the Nephew-Uncle relationship which has been proved from the evidence presented in the

case. The burden of proof goes to Evan to ascertain that Don entered into the contract

relationship freely and that he depended on the independent advice. The complainant, Don

reposed confidence and trust to Evan and therefore the existence of the relationship is expected

to increase the chances of undue influence. Evan abused the confidence and trust in relation to

the transaction (Stone & Richard 201).

The agreement was reached on the ground of undue influence due to the improper

pressure that could not amount to duress at common law since no violence was involved to the

complainant. Like duress, the impact of undue influence is to arrive at a voidable contract.

Equity will be applied to give relief due to the effect of the undue influence (Ayres & Ian 212).

.
(Surname)3

Works cited

MacIntyre, Ewan. Business law. Pearson UK, 2018.

McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University

Press (UK), 2014.

Paterson, Jeannie Marie, Andrew Robertson, and Arlen Duke. Principles of

contract law. Thomson Reuters (Professional) Australia, 2012.

Sneddon, N. C., Rick Bigwood, and Manfred Paul Ellinghaus. "Cheshire &

Fifoot: Law of Contract." (2012).

Stone, Richard, and James Devenney. The modern law of contract. Routledge,

2017.

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