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Defendant signed a contract promising to transfer to the Plaintiff an annuity co

ID: 419866 • Letter: D

Question

Defendant signed a contract promising to transfer to the Plaintiff an annuity contract in exchange for $50,000. The annuity had a cash value of $169,000 at the time it was transfered. Defendant did not have an attorney review the contract and received encouragement from her boyfriend, who owed the Plaintiff money. When the Defendant subsequently refused to transfer the annuity, the Plaintiff sued. How will the court likely rule?

The contract is enforceable because the court will not assess the adequacy of consideration.

The contract is not enforceable because there was no consideration.

The contract is not enforceable because the circumstances, including the amount of consideration, indicates the contract is unconscionable.

The contract is unenforceable because the Defendant did not have the benefit of an attorney's advice.

The contract is enforceable because the court will not assess the adequacy of consideration.

The contract is not enforceable because there was no consideration.

The contract is not enforceable because the circumstances, including the amount of consideration, indicates the contract is unconscionable.

The contract is unenforceable because the Defendant did not have the benefit of an attorney's advice.

Explanation / Answer

The answer is given below:

The contract is unenforceable because the Defendant did not have the benefit of an attorney's advice.

The dependent have not considered on the advice of a lawyer towards the transfer of the amount which lead towards creating problem for the plaintiff on not receiving the same, as where the deal had not become legal.

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