Question
Don, an elderly man, lives with his nephew Evan. Don is entirely dependent on Evan for support and his care. Evan advised Don to invest
Don, an elderly man, lives with his nephew Evan. Don is entirely dependent on Evan for support and his care. Evan advised Don to "invest" in Evan's new consulting business or Evan will no longer support him. Don liquidated his other investments and a trust fund, and signed a contract with Evan giving all his investments and trust funds to Evan for Evan's new business.
Later, Don had doubts about Evan's new consulting business and wanted out of the contract.
There are several recognized defenses that someone who demonstrates a lack of genuine assent can use to try & avoid the agreement. They are:
1) unconscionability
2) duress
3) undue influence
4) fraud
Do you think any of these other claims could be made by Don to have the contract set aside? Why & how?
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