Class notes - oct 30 - misrep and unconsc

Class notes - oct 30 - misrep and unconsc - party is guilty...

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Class notes – oct 30 Undue Influence Buckwold Legality Maksymetz Rhino Privity Peacock Misrepresentations Undue Influence Duress Recission Unconscionability Gartner vs. Fiesta Dance Studios 1969 Oct 24 36 hours $126 Valentino, dance instructor, brings her roses and sweet nothings Oct 29 70 hours $950 Romancing and swooning Nov 90 hours $2300 Audition phase Dec 90 hours $2500 Feb ’70 $1000 Nov ’70 500 unused hours “Where one induces another to enter into a fraudulent hoax that plays on the weakness of another, the court will grant relief.” Undue influence + unfair bargain = unconscionability If only one of undue influence or unfair bargain, the contract remains valid Undue Influence : mental domination Where one party is so dominated by the power or influence of another that he/she is robbed of his/her free will. (Buckwold) Presumed pressure/undue influence in these relationships (special relationships), stronger
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Unformatted text preview: party is guilty of undue influence until he/she proves there was no influence: Lawyer/client Accountant/client Realtor/client Broker/client Financial advisor/client Trustee/beneficiary Doctor/patient Teacher/student Good idea to have them initial clause that advises them to seek independent counsel. Duress : actual or threat physical violence or imprisonment (can be psychological imprisonment) Byle (mum & dad) vs. Byle (son) 78 years old and sick, only asset is house Unconscionability : undue influence, inequality of parties, conscious abuse of that power by the stronger party to create an improvident (unwise) contract Buckwold London Carpets Ltd: Mr & Mrs S are sole shareholders London Carpet Ltd Buckwold Mr Mrs S Standard commercial pressure Mr S was not robbed of her free will judge ruled...
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