Problem
This problem is about Voluntary Consent related to Undue Influence and or Duress.
Be sure to explain what is Voluntary Consent, Undue Influence and Duress and how any of these apply to this case/scenario.
Scenario:
Bradshaw lives with his uncle Henry for over 6 months because he was not happy where he lived prior or with the job he held at that time. Henry is an elderly man and Bradshaw decided he will help out his uncle by officially by providing him home-aide support; Bradshaw also gives him good advice around health and wellness because of his extensive experience is health, nutrition and fitness. Henry is fond of his nephew, has been much healthier with him around because of his advice and guidance in this area, and he has become very used to the way things run with him there; so Henry hired Bradshaw to be his professional home attendant and health-aide and pays Bradshaw for the care.
Bradshaw found Henry's will in a cabinet during his third month while living at the house, and was pleasantly surprised to learn that in addition to this large home, Henry was much more well off than he thought by owning multiple properties and investments. However, Henry had allocated most of these assets to other family members who were not close in proximity to where they lived. Because of that, for the past 2 months Bradshaw started to tell his uncle Henry at least twice a week that he has so many other properties besides where they currently live that no one is really taking care of, and that Henry should consider having Bradshaw either manage them along with the investments or allow him to buy some of the properties at a lower market value price to get it off his hands. Henry listens but knows that he has plans to provide those properties to other family members within the next few years as part of his living will. Bradshaw was fully aware of the living will and thought that he should have first consideration over the other family members for any property he likes because no one else is attending to Henry but him.
One day, by last week, Bradshaw tells Henry that unless he sells 2 of the most valuable properties to him (Bradshaw) for a price of 50 percent below market value because those properties are very close to where they live and also he (Bradshaw) cannot foresee being with Henry full-time much longer because he is not getting the type of income for taking care of Henry that he would get if he was working in his profession. Bradshaw also said because those properties are so close, he can still come by and take care of Henry part-time but he (Bradshaw) needs to think about his long term prospects. Henry became very worried that he would lose the care and company of Bradshaw since most of the other family members lived out of state plus he also had very bad experiences with prior home-aid helpers. Henry also trusted Bradshaw completely and felt that if he said he will care for him part-time, he meant it. Henry really did not want to risk Bradshaw leaving or not being around, so he felt he had to sell the properties and have Bradshaw manage the rest of the investments. Shortly after Henry sold the properties to Bradshaw and signed over care of the investments to Bradshaw, family members learned about these contracts and the changes in the will. A family member decides take Bradshaw to court because of what occurred.
Task
• Discuss whether the court would find that Bradshaw's new property and investment management contracts with his uncle Henry would be enforceable and explain why. Specifically, which do you think applies in this case scenario and why (undue influence or duress; chose only one and explain why). Your response must be at least a paragraph.