[3] Undue influence
A defense based on undue influence may arise where:
one party takes advantage
of the other party's position of weakness, e.g., based on age,
illness, mental state, intoxication, etc., thus preventing
the latter from exercising free will in the transaction; or one
party breaches a fiduciary relationship with the other party.
Business contracts between an attorney and his client are
presumptively invalid but can be overcome if the attorney
demonstrates that:
1) the transaction was fair and equitable;
2) the attorney informed the client of the nature and consequences
of the transaction;
3) the attorney fully disclosed his own interest in the matter;
and
4) the attorney encouraged the client to obtain independent advice
or rendered the client the type of advice that a disinterested
attorney would have given a client.
Based on her current age of 75 y.o.,
that would place her around the age of 71 y.o. during the time of
the event. Does a 71 y.o. granny know English to sufficiently
enable her to understand the terms of the contract? I wonder if
there was an attorney present to explain the details of the
contract? I think most often the contracts you sign they don't have
any lawyers present. Does this mean that if I go around concluding
highly unfavourable contracts with the aged without the presence of
a lawyer, these contracts will be binding just because it's a
contract and they signed it?
