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25. What would be the wife's strongest argument for rescinding the contract?
A few days after the sale, the wife learned that her husband had a life insurance policy that would provide her with a substantial payout and that she had not needed to sell the farm to support her children.
The husband died suddenly in an accident. The day after the husband's funeral, the brother and his attorney visited the wife at the farm. The brother again told the wife that he wanted to buy the farm and told her that she would need the proceeds of the sale to support her children. The brother also said that his attorney had drafted an offer to purchase the farm and that the wife needed to sign it right away. The attorney confirmed the need to accept quickly. The wife reluctantly signed the offer and sold the farm to the brother for its fair market value.
A husband and wife and their four children lived on a farm that the wife had inherited from her father. On numerous occasions, the wife's brother had offered to buy the farm from her, but she had always refused.
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A is incorrect. Duress requires force or an improper threat, neither of which occurred based on the facts. The brother did not force the wife to sell the farm, and the brother's comment regarding the wife's need to sell the farm to support her children does not amount to an improper threat. The stronger argument for rescinding the contract is undue influence.
B is incorrect. Any mistake made by the wife was unilateral. Rescission of a contract for a unilateral mistake requires either that the non-adversely affected party is aware of the mistake or that enforcement would be unconscionable; neither element is present here.
C is incorrect. For a contract to be invalid as unconscionable there must be both a lack of bargaining power (procedural unconscionability) and unfair terms that unreasonably favor one party (substantive unconscionability). Neither element is present here.