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James is going through a difficult time and does not feel he can confide in anyone. Eventually he confides in the priest of his church and asks for support. The priest forcefully tells James to turn over all of his money to the church or he will be struck down by lightening. The priest does not believe that James will be struck down. James makes the payments. Which of the following is most likely legal grounds for James to avoid the transaction?Group of answer choicesMisrepresentationDuressUndue InfluenceMistake

Question

James is going through a difficult time and does not feel he can confide in anyone. Eventually he confides in the priest of his church and asks for support. The priest forcefully tells James to turn over all of his money to the church or he will be struck down by lightening. The priest does not believe that James will be struck down. James makes the payments. Which of the following is most likely legal grounds for James to avoid the transaction?Group of answer choicesMisrepresentationDuressUndue InfluenceMistake

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Solution

The most likely legal grounds for James to avoid the transaction would be Duress. Duress occurs when someone performs an act as a result of violence, threat or other pressure against them. In this case, the priest used the threat of being struck down by lightning to coerce James into giving his money to the church. This is a clear example of duress.

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