Multiple choice

Fact: A, a person of week intelligence made a gift of his entire property to B, who was in a position to dominate him. the gift having been obtained by undue influence is voidable at the option of A. Issue: Is this contract valid?

  1. The contract is valid as A voluntarily made a gift.

  2. The contract is not valid because A made a gift under influence so it is voidable at the option of A.

  3. It is void abinitio.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Contracts obtained through undue influence are voidable at the option of the influenced party. Undue influence occurs when one party, by virtue of dominant position, exploits the other's weakness (here, 'weak' intelligence). The gift is valid until A chooses to avoid it.

Keep practicing — related questions