With respect to having the court set aside a contract on the basis of undue influence,which of the following is false?
A) If a client transferred property to his lawyer and later claimed the transfer was due to undue influence, the law would presume the transfer was due to undue influence.
B) If the court presumes the existence of undue influence, the person asking for the return of the property will automatically get it back.
C) A contract made in favour of a dominant person who exerted undue influence over the weaker party is voidable at the option of the weaker party.
D) If you are a dominant person in relation to an aged relative who wants to sell you her house below market value, you should insist that the aged relative receive independent legal advice.
E) Where undue influence is established, the resulting contract is voidable, not void.

Question

Quizplus · Accepted Answer

While the court may presume the existence of undue influence, it does not automatically entitle the person asking for the return of the property to get it back. The person still needs to prove that they were subject to undue influence and that the transfer of property was a result of it.

With Respect to Having the Court Set Aside a Contract