Voluntary Consent: Discuss Fully Weather Jerome Can Set Aside This Contract
Yes, Jerome can set aside the contract. This is because he was pressured to make a land deal that would benefit his nephew and caregiver (Phillip). In this situation, the transaction will be financially advantageous for Phillip by purchasing it 30% below market value. If Jerome refuses to sell Phillip the property, he will not help him anymore.
This is problematic, as Jerome is an elderly man who needs assistance with a number of daily activities. Phillip is the primary caregiver for support. This places added amounts of stress on Jerome as he will not be able to perform essential functions. If he is unable to do so, he could have complications from preexisting conditions and not receiving the assistance that he needs.
In this case, Jerome can set aside the contract. As the pressure and stress he endured meant that it was the result of coercion. Under the law, no contract is legally binding unless both parties agree to abide by its provisions voluntarily. The fact that Jerome was pressured makes this illegal. Moreover, one could argue that he might not have been of sound mind to make these kinds of decisions. This is based upon his age and physical / mental condition.
Collateral Promises
Is Jeremy correct in his promise to pay and not under his mother's hotel bill the Statue of Frauds? Explain.
Yes. The Statute of Frauds requires that certain contracts must be in writing for them to be enforceable. The most notable include:
Contracts involving marriage (such as: prenuptial and divorce agreements).
Agreements which cannot be performed in the course of a year.
Contracts for the transfer or sale of land.
Agreements by the executor of an estate or will.
Contracts where one party will act as the guarantor of another person.
You’re 80% through this paper. Sign up to read the full paper.
Sign Up Now — Instant Access Already a member? Log inAlways verify citation format against your institution’s current style guide requirements.