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Karen Olde died. Shortly afterward, Karen's husband, Jethro, was treated by a psychiatrist, Dr . Nate Hudson, for stress and anxiety. Dr . Hudson advised
Karen Olde died. Shortly afterward, Karen's husband, Jethro, was treated by a psychiatrist, Dr Nate Hudson, for stress and anxiety. Dr Hudson advised Jethro that part of his problem was that he was trying to make financial decisions that had previously been made by Karen. On Dr Hudson's advice, Jethro contracted with Dr Hudson to examine his financial situation and give Jethro a letter advising, in detail, what steps Jethro should take with regard to approximately pressing business decisions. Dr Hudson's fee for this service would be $ As agreed, Dr Hudson attended Jethro's home one evening and examined all of his financial records. Jethro issued a cheque payable to Dr Hudson for $ which was drawn on the Bank of Holden, Austin Street branch. As promised, Dr Hudsari's letter of advice was delivered the following day in the form of a oneparagraph letter in which all Dr Hudson advised was that Jethro should transfer his two incomeproducing properties into Dr Hudson's name so that he could "take care of things." Jethro attended his bank immediately to stop payment on the cheque. Before Jethro did, however, Dr Hudson had endorsed it over to his plumber.
Which one of the following is correct?
Spreadsheet
A
B
C
If Jethro can prove undue influence was used by Dr Hudson, Jethro will not have to pay the holder of the cheque.
D
Because the parties deal with different banks, Jethro would not have to pay the holder of the cheque, as he can successfully argue breach of contract.
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