Jeffery gifted his land and house to James, a man he had known for many years and with whom he had a strong affection. Jeffery had a very limited education; he could not read or write, had limited exposure to the commercial world, and in the particular instance of this gift, did not realise that the gift would be "forever". James had handled his affairs since his wife died and was aware of Jeffery's deficiencies. He did not, however, encourage Jeffery to make the gift.

After Jeffery died, his son Tom, who was the executor of his father's estate sought to have the gift rescinded

 

Advise Tom of his rights, if any, in relation to undue influence and unconscionable conduct

Answer rating: 100% (QA)

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