Undue Influence
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Case:
Ahmed, who was admitted to a hospital, was required to undergo surgery. Before his operation, he agreed to sell his house which was already listed for sale, to his doctor for Rs. 9.7 million. The market price of the house was Rs. 10 Million. After a successful operation, Ahmed rescinded the agreement alleging “Undue Influence” by the doctor.
- Can he succeed? Yes or No?
- Justify your answer keeping in view the ingredients of undue influence as laid down in Contract Act, 1872.
Step by step
Solved in 2 steps
- Facts: You offered to sell your automobile to Wil for P100,000.00. After inspecting the automobile, Wil offered to buy it for P80,000.00. This offer was accepted by you. The next day, you offered to deliver the automobile, but Wil being short of funds, secured postponement of the delivery, promising to pay the price “upon arrival of the steamer”. The steamer however never arrived because it was wrecked by a typhoon and sank somewhere off the Coast of Samar. Question: Is there a perfected contract in this case? Why or why not?State whether the following agreements or contracts are void, voidable valid, and provide a reason for your answer. Q.2.4 Amy, who is 17, has inherited an apartment in Cape Town from her deceased father. The apartment is valued at R2 million. With her mother’s assistance, Amy enters into an agreement to sell the apartment to her aunt. Q.2.5 Justin, who is mentally ill, concludes a contract for the sale of his laptop without his curator knowing.Case: Mr. Malik wants to buy 100 acres of land to construct a mega-project near Super Highway, where he provides a high standard of living with security and all facilities are available in this project to his clients. Where 100 acres of land belongs to some poor people who live nearby this land. He hires Mr. Owais and provides him Rs. 10 Million to vacate some land from these poor people. He threatens these poor people and forcefully makes a signature on the sale agreement. After a week he acquired entire 100 acres of land from these poor people and handed over all land to Mr. Malik & made above mentioned mega project. In the light of the above story following questions have been raised. A sale agreement from poor people is in written format. Does this agreement show that they sold their respective lands? Yes or No? Give reason to support your answer in Part A?
- Ravi wanted to buy a property owned my Ramesh, Ravi invited Ramesh to his home to discuss the further course of action. During the discussion Ravi threatens to him to sell that property at a very low price. Under the threat of life Ramesh signs the agreement.Ramesh comes to you to check how the legal framework will help him to over comewith this situation and loss-making deal.1. Seller and Buyer negotiate for the sale of 100 acres of land. They orally agree on a price of $100,000, one half in cash at closing and the other half 90 days after closing. Buyer sends Seller a letter in which all the terms are included and is signed by Buyer. Seller never responds. When the closing date arrives, Seller refuses to transfer title. Buyer sues. Is the agreement enforceable at law? 2. Seller and Buyer negotiate for the sale of 100 acres of land. They orally agree on a price of $100,000, with payment to be made within 10 days and the deed delivered within another 30 days. Buyer sends Seller a letter in which all these terms are included, along with a check for $100,000 that Seller deposits. Seller fails to deliver a deed, and Buyer seeks to enforce the contract. Is the contract enforceable? 3. John is president and sole shareholder of Photo, Inc. Photo, Inc. wishes to borrow money, but to do so, the bank requires John to orally guarantee to repay the loan if…Mr. Henok claims he has been unfairly dismissed by his employers. He consults a law firm owned by Mrs. Justice, who agrees to take up Henok’s case. The law consulting firm, owned by Ms Justice advises him that if Henok wins his case he can expect a compensation of 30,000 birr but if he loses he will receive nothing. The law consultant firm estimates her fee to be 5,000 birr. As an alternative the consultant offer him a ‘no win, no fee’ deal under which he pays no fee but if he wins his case, the consulting firm will take half of the compensation he receives. Henok also asked to pay his employer’s cost which is 1000 birr in both deals. He can decide against bringing the case, which will incur no cost and result in no compensation. Based on the information given above: a. Develop a payoff table to Henok’s case b. Advise Henok what to do: i. Using the maximax decision ruleii. Using the maximin decision rule.iii. Using the Minmax regret decision rule
- In relation to Consideration select the CORRECT statement:Select one:To be valid, the agreed price and the goods sold, must be of equal value.Consideration can be vague or illusory as long as it was communicated to the other partyConsideration is the exchange of something of value (a thing, a promise, money etc), given in return for something else of value (a thing, a promise, money etc)Consideration is not necessary to form a legally binding contractTo be valid, Consideration must involve payment of money, in return for something of value.In 2010, X and B agreed that they will pretend that they will enter into a contract of sale so that X will have a lesser tax to pay. In the contract of sale, it was indicated that X will sell the car for P50Million to which B agreed. What is this kind of contract? A. Absolute simulation B. Relative simulation C. Factual simulation D. Fictional simulationState whether the following agreements or contracts are void, voidable valid, and provide a reason for your answer. 1 ) Taylor, aged 17, gets married, and divorces two months later. After getting divorced, she enters into a contract with Michael for the sale of his house. ( 2 ) Jessica, aged 5, enters into a contract with John, aged 11, for the sale of his bicycle. 3 ) Nomsa, aged 16, runs a successful boutique with the consent of her parents, and enters into a contract relating to her business. 4 ) Amy, who is 17, has inherited an apartment in Cape Town from her deceased father. The apartment is valued at R2 million. With her mother’s assistance, Amy enters into an agreement to sell the apartment to her aunt. 5 ) Justin, who is mentally ill, concludes a contract for the sale of his laptop without his curator knowing. (2)
- In which type of Contract is there a "lack of meeting of the minds?" a) Bilateral b) Unilateral c) Fraudulent d) Oral 2. Generally where a unilateral mistake is made in a Contract, the Contract will still be enforced, except where the non-mistaken party was aware of the mistake. a) True b) False 3. A home builder misjudges the cost of the windows to be installed in the house. This is: a) Bilateral mistake leading to rescission. b) Unilateral mistake which can be corrected. c) A mathematical mistake which is correctable. d) An error of judgment, not correctable. 4. "Sign or I'll kill you" is an example of: a) Undue Influence b) Misrepresentation c) Duress d) either a or b 5. An attorney who over a period of time convinces an elderly widow to deed…Sportswear manufacturers, Caribbean Premium Sportwear (CPS), signed a contract with a top Trinidadian footballer in terms of which they would pay him a substantial amount of money to wear only their brand of clothing, which they promised to provide to him free of charge. The contract does not specify the date of delivery. Answer the following questions based on the above facts: A. Two months after entering into the contract CPS has not yet delivered the clothing. Have they breached the contract? Explain in full. B. In the event of CPS being in breach of contract, advise the footballer as to the legal remedies available to him, with specific emphasis on what he has to prove in order to succeed in his claim.Salim is the owner of many buildings and hotels. Since he is a minor, his mother was his legally appointed guardian. Salimconvinced Omar to give him loan of 20,000 OMR with 12% interest. The loan was taken by mortgaging one of his properties. Omar gave 10,000 OMR as advance and Salim promised that he will return the money after one year. Salim’s mother informed Omar that anybody who would get into an agreement with him would do so at his own risk. After knowing this, Omar wants to get the advance he has given. Questions a.Is Salim bound to give the money back to Omar? Why or why not? b.Is this a valid contract? Explain why or why not?