Property Management, Inc. (PMI), presents a standard-form lease for an apartment to Quentin, a potential tenant. PMI offers it on a take-it-or-leave-it basis. Quentin signs it, but later wants to withdraw from it. He is most likely to avoid enforcement of the lease on the ground of
A) economic duress.
B) undue influence.
C) unconscionability.
D) mistake.

Question

Property Management, Inc. (PMI), presents a standard-form lease for an apartment to Quentin, a potential tenant. PMI offers it on a take-it-or-leave-it basis. Quentin signs it, but later wants to withdraw from it. He is most likely to avoid enforcement of the lease on the ground of
A) ​economic duress.
B) ​undue influence.
C) ​unconscionability.
D) ​mistake.

Quizplus · Accepted Answer

Quentin is most likely to avoid enforcement of the lease on the ground of unconscionability. This is because PMI presented him with a take-it-or-leave-it standard-form lease, which he signed without any negotiation. This may be viewed as an unfair and oppressive agreement that favors the party with greater bargaining power, in this case, PMI. If the terms of the lease are found to be unconscionable, Quentin may be able to void the contract or have certain provisions invalidated. Economic duress may apply if Quentin was coerced into signing the lease due to threats or pressure from PMI, but there is no indication of this in the scenario. Undue influence may apply if PMI exerted undue influence over Quentin, but again, there is no indication of this. Mistake may apply if there was a mutual mistake of fact, but this is also not indicated in the scenario.