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Essay

Assistant Accountant

Essay specific features

 

Issue:

Business

 

Written by:

Flora B

 

Date added:

July 15, 2015

 

Level:

University

 

Grade:

A

 

No of pages / words:

4 / 1118

 

Was viewed:

4394 times

 

Rating of current essay:

 
Essay content:

These sorts of cases may be ones where the so-called "victim" has willingly entered into the contract. This is to be contrasted with cases under the heading of duress where the victim is unwilling, but has no real choice. Yet the law takes a protective stance and dictates that the ascendant party must not be allowed to benefit from a contract or gift (these cases also apply to gifts) when the relationship between the parties is unbalanced...
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The onus is then on the ascendant party who may be able to persuade a court that, even though the relationship was unbalanced, nevertheless the contract was perfectly proper and above board and should not be set aside. Undue influence cases fall into two categories: • those where there is a presumption of undue influence because the law assumes that the ascendant party must have taken advantage of the other party; and • those where there is an appearance of undue influence in the particular circumstances of the case...
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