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| Topic: |
Business
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| Number of pages / Number of words: |
4 / 1118 |
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For example, the case of an old farmer who donated to his doctor his three farms because of undue influence. (Preller v Jordan, 1956 (1) SA 483). So the innocent party is allowed to withdraw from the contract.
Short of duress, one party (the victim) may complain that his or her manifestation of assent to a contract was induced through the improper persuasion of another in whom the victim placed special trust and confidence...
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Improper persuasion may result from one or more of several factors such as constant pressure on the victim, an apparent need for the victim to decide quickly, unavailability to the victim of independent advice, and weakness or infirmity of the victim. Relationships creating special trust and confidence (often referred to as creating a fiduciary duty) include husband and wife, attorney and client, doctor or mental health counselor and patient...
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