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These sorts of cases may be ones where the so-called "victim" has willingly entered into the contract. This is to be contrasted with cases under the heading of duress where the victim is unwilling, but has no real choice. Yet the law takes a protective stance and dictates that the ascendant party must not be allowed to benefit from a contract or gift (these cases also apply to gifts) when the relationship between the parties is unbalanced. The onus is then on the ascendant party who may be able to persuade a court that, even though the relationship was unbalanced, nevertheless the contract was perfectly proper and above board and should not be set aside...
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