Book Opener

Example 10. Paulding, an elderly woman,lived with her son, Emory, her only child andsole caretaker. Emory persuaded his motherto sell him some land that was worth$150,000 for only $50,000. Shortly before thetransfer of title, Paulding discovered her sonplanned to resell the property for $175,000 toVisconti, a developer who planned to build anapartment complex. Paulding had thought herson planned to use the property as a lot forbuilding a vacation home. She did not expecther son to deceive her. The mother refused togo through with the sale. In the breach of contractsuit that followed, the court ruled thatEmory had taken advantage of his mother’strust in him to persuade her to sell the land.Paulding could avoid the contract.UNDUE INFLUENCEAn individual’s free will may be disrupted bythe undue influence of someone upon whomthey depend. Why is undue influence difficultto prove?Reviewing What You Learned1. What is the difference between unilateraland bilateral mistakes?2. What types of mistake will allow rescissionof a contract?3. What are the requirements of economicduress?4. What are the requirements of undueinfluence?Critical Thinking ActivityTypes of Mistakes Why is it important to beable to distinguish between a unilateral andbilateral mistake?Legal Skills in ActionUndue Influence Suppose that a close friendhas sent you an e-mail message saying thatshe believes her grandfather was tricked intosigning over all of his property to his live-incaretaker. Your friend asks for your advice onhow to proceed with the problem. Write ane-mail reply to your friend in which youexplain the elements she would have to proveto demonstrate that her grandfather signedover his property because of undue influence.Chapter 6: Genuine Agreement 139