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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
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?
Expert Solution
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.
Step-by-step explanation
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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