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Legal Principle:1. The act of using influence on another and taking undue advantage of that person is called undue influence.2. In order to prove undue-influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature 1 that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract. Factual Situation: A, a person of weak intelligence made a gift of his entire property to B, who was in a position to dominate him. The gift having been obtained by undue influence is voidable at the option of A. Issue: Is this contract valid? Decision:

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Legal Principle:<br />1. The act of using influence on another and taking undue advantage of that person is called undue influence.<br />2. In order to prove undue-influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature 1 that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract. Factual Situation: A, a person of weak intelligence made a gift of his entire property to B, who was in a position to dominate him. The gift having been obtained by undue influence is voidable at the option of A. Issue: Is this contract valid? Decision:





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