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43. If the parties to a contract are in a “special trust relationship” such asattorney-client, or...

43. If the parties to a contract are in a “special trust relationship” such asattorney-client, or physician-patient, or minister-church member, or parent-child,and the person in position of authority convinces the “dependent” person to signa contract which is overly-favorable to the person in position of authority, the dependent person:

A) can declare the contract to be void, based on undue influence

B) must honor the contract
C) must declare the contract to be fraudulent

44. A contract is most likely to be considered “unconscionable” and therefore unenforceable:

A) if it is an unequal commercial contract between two merchants
B) if the consideration was shockingly unequal and it was a “contract of adhesion”
C) if it contains an “liquidated damages” clause
D) both A and B
E) both A and C

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Answer #1

43. A) can declare the contract to be void, based on undue influence

In this context, the contract can be declared as void based on the fact that it possess undue influence which makes the contract Unconscionable and unenforceable as well.

44. D) both A and B

Any contract that may be one sided or unfair to a party contracting is an Unconscionable contract which is unenforceable under the law as well. It may also happen when one party has higher power over the other in creating the contract.

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