Question

4) Elaine & Nicole have just created a contract in which Nicole is to provide consulting services for Elaine at a price of 575 per hour Nicole's usual fee is $200 per hour, but agreed to the lower fee because the business was in severe financial difficulty and she needed the contract with Elaine in order to keep her business solvent. Elaine was aware of Nicole's situation all along. but the contract was created as a result of tough, but fait good faith negotiations. Later, Nicole contacted Elaine and told her that she couldn't perform this contract for anything less than $150 per hour Elaine hung up on Nicole. Nicole then sues to have the contract thrown out, alleging economic duress. In this case, Nicole will: a: Win because the significant difference between the contract price and Nicole's usual fee automatically constituted economic duress b: Win because the facts of this case render the contract void c: Win because this contract is unconscionable & illegal d: Lose. 5) Jim is trustee for his elderly aunt Jebidisa's $500,000,000 trust. Jebidisais elderly & housebound, and most of her friends are deceased. Thus, Jebidisa relies on Jim to do her grocery shopping, pay her bills, & walk her 2 dogs (her French Poodle Spike and her pit bull Fluffy), among other things. Jim also makes monthly payments to Jebidisa from trust funds, pursuant to the terms of the trust agreement. Jim also knows that Jebidisa is independently wealthy aside from the trust. One day. Jim shows up unexpectedly at Jebidisa's house and delivers an ultimatum: "Look here you stupid old witch, unless you sign this will naming me the sole beneficiary of your estate, I will not do anything else for you ever again. No groceries, no distribution checks, NO NOTHING!!! I also disconnected your landline AND cancelled your cell phone service in case you had any ideas about calling anyone else! Jebidisa realizes that Jim is quite serious and signs the will naming her no good thieving, avaricious cousin as her sole beneficiary. On these facts, the will is a: Void due to duress. b: Voidable due to undue influence. c: Voidable due to duress d: Void due to fraud. 6) Gary and Mary Ann are siblings involved in a legal dispute over who gets possession of their deceased parents' home. Gary threatens to kill Mary Ann's husband immediately if she does not sign papers declaring Gary's sole ownership of their home. This is a situation involving: a: scienter b: battery c: undue influence di duress

Answer 1

4 loss , because both the parties enters into the contraact by mutual consent of availing service at $ 75

Mutual consent, also known as ratification and meeting of the minds, is typically established through the process of offer and acceptance. so nicole will loss because of violating the contract

5 b void due to duress

6 undue influence