Overview
What's Love Got to Do With It??
Review the case below entitled Estate of Hollett. There are two versions of the Court's opinion. The second one might be easier to read but either one will give you the information you need. Answer the following questions and provide responses to what other students say.
What type of contract is the Court discussing?
Does this contract have to be in writing? Why? If so, under which section of the Statute of Frauds?
Was the signature of Erin a voluntary act? How does the textbook define the concept of voluntary or involuntary?
What does duress mean? What facts in the case would support an argument of duress? What facts would argue against duress?
What does undue influence mean? What facts would support an argument of undue influence? What facts would argue against undue influence?What do you think about the contract? Should it be set aside or should it be enforced?
Link to Case: In re Estate of Hollett, 150 NH 39 - NH: Supreme Court 2003 - Google Scholar