When will the courts presume that there has been undue influence in the signing of a contract that favours the dominant party?
A)Where the parties stand in a special relationship to each other;one party possessing a special skill,position or knowledge causing the other to place confidence and trust in him,the one against whom the undue influence is alleged.
B)In all contracts made between a husband and wife.
C)The courts will never presume undue influence.The party alleging undue influence must always prove it has occurred.
D)Only when the contract is oral.
E)none of the above

Question

Quizplus · Accepted Answer

The courts will presume undue influence in cases where the parties have a special relationship, and one party possesses special skill, knowledge, or position that causes the other party to trust them. In such cases, the burden of proof shifts to the dominant party to prove that the other party entered into the contract freely and knowingly.

When Will the Courts Presume That There Has Been Undue