Question

Bob is an elderly man who lives with his niece, Julie. Bob is totally dependent on Julie’s support and care. Julie tells Bob that unless Bob transfers a parcel of land he owns to Julie for a price 75% below market value, Julie will no longer take care of him. Bob enters into the contract. Please discuss whether Bob could have the contract set-aside (found invalid or enforceable).

Answer 1

In the case Bob is old and totally dependent on his niece Julie and when Bob signs the contract to sell a parcel of his land to Julie at 75% of the market price, he is definitely doing it against his will and under undue influence. Undue influence in English law is a field of contract law and property law whereby a transaction may be set aside if it was obtained by the influence by one person (Julie) on another (Bob), such that the transaction cannot "fairly be treated the expression of (Bob's) free will"