J

Jordann, aged 86, had worked over the years to build up his estate, and was concerned

to pass a significant proportion of it onto his nephew Toufic who had worked with him

for some time to build it up. The uncle's main disappointment in life was that he had not

had a son of his own and he looked upon his nephew as his "adopted son". It was clear

that Jordann had an emotional and physical dependence on his nephew. Toufic is very

aware of his Uncle's affection for him and as Jordann's health began to deteriorate,

approached Jordann asking him to transfer an estate worth $800,000 to him for a very

low sum of $200,000. Toufic's solicitor who is aware of Jordann's enormous affection

and trust of his nephew, completed the transfer of property without advising Jordann to

seek independent advice. After Jordann's death, his daughters seek to have the

transfer overturned on the basis of unconscionable conduct, alleging that Toufic took

advantage of Jordann's trust.

Commercial Law

Exam Revision

Sem 2 2018

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Advise Toufic whether his contract with Jordann is likely to be rescinded