Question

Jerome is an elderly man who lives with his nephew, Philip. Jerome is totally dependent on Philip’s support. Philip tells Jerome that unless Jerome transfers a tract of land he owns to Philip for a price 30 percent below market value, Philip will no longer support and take care of him. Jerome enters into the contract. Discuss fully whether Jerome can set aside this Miller, Roger LeRoy. Cengage Advantage Books: Business Law Today, The Essentials: Text and Summarized Cases (p. 263). Cengage Learning. Kindle Edition.

Answer 1

Voluntary consent:

In the current case there exists an absence of the voluntary consent with respect to Mr Jerome because of over the top impact and coercion. Mr Jerome relies totally upon Mr Philip because of which the last could impact him. Mr Jerome can show that he didn't genuinely consent to the agreement so he can either hold fast to the agreement or pull back. Mr Philip had a great deal of impact over the old Mr Jerome and consequently could beat his free will. Under the current conditions the agreement was gone into under an excessive amount of impact and is voidable.