Law of Contract: Undue Influence Essay
Two months ago, Johnny transferred all his property to Victoria. He passed away a few days ago. Joe claims that the contract is voidable. Discuss.
The issues that arise in this case are:
1) Whether there is a relationship between Johnny and Victoria?
2) Whether Victoria used her dominant position to transfer all of Johnny’s property to her?
3) Whether Joe has the right to set aside/ rescind the contract? …show more content…
c. The making of the gift to Victoria, or the contract entered into with Victoria was unfair to the Joe. In the case of Tate v Wiliamson, Tate is a student who intends to sell some property to settle his tuition fees. He found the defendant who is a lawyer for advice on the sale. The defendant bought Tate’s property at 7,000 without informing Tate that the actual value of the property is 20,000.The Court held, the contract must be set aside because there is trust between the defendant's relationships with Tate. This is because Tate has referred to the defendant to obtain counsel and by the defendant was not entitled to buy the property without making the disclosure.Such a relationship was described as; wherever 2 persons stand in such a relation that while it continues, confidence is necessarily reposed by one, and the influence which necessarily