MindTap Business Law, 1 term (6 months) Printed Access Card for Cross/Miller's The Legal Environment of Business: Text and Cases, 10th (MindTap Course List)
10th Edition
ISBN: 9781337093842
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
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Chapter 13, Problem 1BS
Summary Introduction
Case summary: Elderly person J resides with his nephew S. S supports J and is also dependent on S. J was told by S that unless J changes the ownership of the tract of land to S for a rate 35 percent below the market value of the land, S will not take any responsibility of J and will not look after him. J gave up to the threat of S and made a contract with him.
To discuss: Any possibility for the person J to disengage himself from fulfilling the terms of the contract.
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Undue Influence. Juan is an elderly man who liveswith his nephew, Samuel. Juan is totally dependent on Samuel’s support. Samuel tells Juan that unless he transfers a tractof land he owns to Samuel for a price 35 percent below itsmarket value, Samuel will no longer support and take care ofhim. Juan enters into the contract. Discuss fully whether Juancan set aside this contract. (See Voluntary Consent.)
13-2. Undue Influence. Juan is an elderly man who lives
with his nephew, Samuel. Juan is totally dependent on
Samuel's support. Samuel tells Juan that unless he transfers
a tract of land he owns to Samuel for a price 35 percent
below its market value, Samuel will no longer support and
take care of him. Juan enters into the contract. Discuss fully
whether Juan can set aside this contract. (See Voluntary
Bakar is a renowned pastry Mama Cafe, a sole proprietorship, is a well-known restaurant in need of hiring a pastry chef. Bakar and Cafe’s Owner had extensive conversations regarding Bakar coming to work at Cafe. On May 1, a week after those conversations occurred, Bakar sent Cafe a signed letter dated May 1 stating, “I will work for Cafe as a head pastry chef for two years for an annual salary of RM50,000.” On the morning of May 7, Cafe’s Owner telephoned Bakar and said, “The RM50,000 is pretty stiff. Could you possibly consider working for less”? Bakar replied: “I am a renowned pastry chef. I will not work for any less.” Later that morning, Cafe’s Owner sent Bakar a signed letter by regular mail stating: “You obviously think you are too good for my restaurant. I am no longer interested in hiring you to work at Cafe.”
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MindTap Business Law, 1 term (6 months) Printed Access Card for Cross/Miller's The Legal Environment of Business: Text and Cases, 10th (MindTap Course List)
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