Asked by Belinda Riojas on Jul 16, 2024
Verified
If a lawyer persuades a client to guarantee a loan, the relationship of solicitor/client leads to a presumption of
A) duress.
B) mental incapacity.
C) lack of intention.
D) unconscionability.
E) undue influence.
Solicitor/Client
Pertains to the professional and confidential relationship between a legal advisor (solicitor) and their client.
Undue Influence
Manipulation or pressure exerted by one person over another, undermining the latter's free will or judgment, particularly in legal or contractual contexts.
Duress
Force or pressure to enter into a contract.
- Evaluate the roles that undue influence, unconscionability, and duress play in the realm of contract law.
Verified Answer
LM
Lucia MartinJul 21, 2024
Final Answer :
E
Explanation :
The relationship of solicitor/client is one of trust and confidence, which can lead to a presumption of undue influence if a lawyer persuades a client to guarantee a loan. This is because the lawyer holds a position of power and influence over the client, potentially exploiting their trust to the client's detriment.
Learning Objectives
- Evaluate the roles that undue influence, unconscionability, and duress play in the realm of contract law.
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