Undue Influence And Contract Validity
Benjamin is a homebuilder whose attorney, Bonnie, represented him in a personal injury lawsuit. During the litigation, Bonnie repeatedly told Benjamin that if they won, he would owe her a significant favor. After Bonnie helped Benjamin secure a substantial monetary judgment, Benjamin, feeling pressured, entered into a contract to build Bonnie a new home at a significantly reduced rate. Which of the following statements is true?
AThe court will presume undue influence, and Bonnie must prove that Benjamin entered the contract freely and voluntarily.
BThe court will presume the contract is valid unless both Bonnie and Benjamin present evidence to the contrary.
CThis is a case of duress, and the contract is void.
DThis is a case of duress, and the contract is voidable by Benjamin.
