LAW 122 Chapter Notes - Chapter 10: Fiduciary
14 Aug 2016
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Water was not in the position to make decisions about the sale, not provident as kinney proceeded with the agreement even when he was in bad mental state. Proceederal unfairness: no copy of agreement, taking advantage of bad mental conditions buying shares of half of market price. Fiduciary relationship assumes influence, undue influence is presumed. Investing, she was not inducing him to enter into an agreement. Agreement is not that strong, did not tell her to exert her job. Car the builder treat the contract as a discharge. Might say door knobs are a minor affect, can still be discharged. Difference between the contract price and cost of curing the defect. Discharge for the breach may pay for damages, can still discharge the agreement. Director can claim damages, may partial amount, cannot say that they don"t want to pay nothing.
