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Homework answers / question archive / ast year¸when Mary was 33 years old¸she sold her $50 000 boat to her lawyer at a price well below its market value

ast year¸when Mary was 33 years old¸she sold her $50 000 boat to her lawyer at a price well below its market value

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ast year¸when Mary was 33 years old¸she sold her $50 000 boat to her lawyer at a price well below its market value. She is now considering asking the court to set the sale agreement aside, arguing undue influence. Based on the evidence presented¸which of the following is an important question the court would likely consider in reviewing Mary's claim?

 

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a

 

Was there mutual consent?

 

b

 

Did Mary possess the capacity to contract?

 

c

 

Is there the appearance of an improvident bargain?

 

d

 

Was the contract in writing?

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c. Is there the appearance of an improvident bargain?

 

The court would likely consider whether it appears that Mary was unduly influenced into selling her boat at a price below its market value. This would be important to consider in order to determine whether the sale agreement should be set aside.

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Reference

Saunders, H. R. (2020). " Corrupt Bargains and Unconscionable Practices": The Expectant Heir in Seventeenth-Century Chancery (Doctoral dissertation, University of Cambridge).

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