Question 5:(ILAC 1 of 1)

Bruno Marsous is an elderly Greek migrant who has a limited ability to write or read English.Bruno told Lucile, a real estate agent, that he wished to sell a block of land he owns to his friend, Morticia for $500,000.Bruno explains that the property is worth more than this, but he is happy to sell it to Morticia at that price because she is a very good friend. Bruno asks Lucile to prepare the contract of sale for him.

Lucile prepares the contract, but rather than putting Morticia's name on the contract, she deliberately puts her own name in the contract instead. Lucile gives the contract to Bruno to sign and he signs it without reading it.Bruno is busy with his fruit store and does not seek legal advice about the contract.When Bruno discovers what Lucile has done, he wants to terminate the contract with Lucile immediately.Lucile is insisting on enforcing the contract.

Advise Bruno whether the contract can be set aside on the basis of unconscionable conduct.Illustrate your answer with relevant legal principles from one decided case.There is no need to refer to legislation.You only need to deal with the issue of unconscionable conduct.Ensure that you discuss the four elements that must be established for a contract to be set aside as unconscionable.

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