The Legal Environment of Business: Text and Cases
10th Edition
ISBN: 9781337535878
Author: Frank B. Cross; Roger LeRoy Miller
Publisher: Cengage Learning US
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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
Dimitri lends his brother, Calvin, $1,800. Calvin and Willa agree that Calvin will build a new pool
deck for Willa in exchange for Willa paying Dimitri $1,800. Calvin builds the pool deck, but Willa
refuses to pay Dimitri any money. Can Dimitri sue for payment?
O No, because Dimitri was not a party to the contract.
O No. because Dimitri did not build the pool deck.
O Yes, because Dimitri is a donee beneficiary.
O No, because Dimitri is an incidental beneficiary.
Yes, because Dimitri is a creditor beneficiary.
Chapter 13 Solutions
The Legal Environment of Business: Text and Cases
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