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Robert is a pastor at United Church. One of the members of his congregation, Mrs

ID: 462310 • Letter: R

Question

Robert is a pastor at United Church. One of the members of his congregation, Mrs. Smith, is a very devout believer. Rober convinces Mrs. Smith to sell him her farm for $5,000. The actual value of the farm is $500,000. Mrs Smith dies and her estate sues to get her farm back. Which of the following best describes this situation?

a. This is a case of fraud, so the estate can rescind the contract

b. This is a case of undue influence, so the estate can rescind the contract

c. Unless Robert can prove that there was no undue influence, the contract can be rescinded.

d. This isnot a case of unde influence becasue there is no fiduciary relationship.

e. Mrs. Smith is a competent adult and may dispose of her property in any way, and for any price she sees fit.

Explanation / Answer

As mentioned Robert (a pastor at United Church) convinces Mrs. Smith, a very devout believer to sell her farm for $5,000 whose actual value is $500,000. As per my understanding, this is a case of undue infuence and a case of fraud. Although the other three statements c, d, and e may also be true.The best choice is ( a.) may be with ( b.).

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