Juan is an elderly man who lives with his nephew, Samuel. Juan is totally dependent on Samuel's support. Samuel tells Juan that unless he transfers a tract of land he owes to Samuel for a price 35 percent below its market value, Samuel will no longer support and take care of him. Juan enters into the contract. Discuss fully whether Juan can set aside this contract.© BrainMass Inc. brainmass.com June 3, 2020, 9:19 pm ad1c9bdddf
Juan would only be able to set aside the contract by claiming undue duress or unconscionability. Unless he is not mentally able to enter into a contract and is mentally disabled (unsound mind), there is a contract that is formed.
Unconscionability is for the prevention of oppression and unfair surprise. However, to ...
This solution discusses ways to get rid of a contract.