Can odorizzi avoid the contract on ground of undue influence

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Reference no: EM13883927

Solved the given cases by IRAC format-

Case 1- Timothy v. Keetch 251 P.3d 848 (Utah Ct. App. 2011)

Case 2- In November of 2006, Lopez was working for The G-Man, Inc., as a "thrower" on one of its garbage trucks. Lopez was injured when a garbage can fell on his left hand Lopez was treated for his injuries, spent approximately eight days in the hospital, and, ultimately, had a majority of his left ring finger amputated.

Case 3- Rodi was recruited to the defendant law school, which had provisional accreditation, by statements indicating that accreditation would be forthcoming. (However, the school's catalog, which was sent to Rodi, stated that it made no representations about accreditation.) After his first year, the school was still unaccredited and he considered transfer. Accreditation was essential for him to sit for the New Jersey bar. The acting dean of the school learned of Rodi's intentions and wrote him that there was "no cause for pessimism" about accreditation. In fact, however, the school had strayed farther away from accreditation standards. The school was not accredited by the time Rodi graduated, and he was unable to sit for the New Jersey bar. He sued the acting dean and the law school for fraud. Should his complaint be dismissed?

Case 4- Odorizzi, an elementary school teacher, was arrested on criminal charges involving illegal sexual activity. After he was arrested, questioned by police, booked, and released on bail, and had gone 40 hours without sleep, he was visited in his home by the superintendent of the school district and the principal of his school. They told him that they were trying to help him and that they had his best interests at heart. They advised him to resign immediately, stating that there was no time to consult an attorney. They said that if he did not resign immediately, the district would dismiss him and publicize the proceedings, but that if he resigned at once, the incident would not be publicized and would not jeopardize his chances of securing employment as a teacher elsewhere. Odorizzi gave them a written letter of resignation, which they accepted. The criminal charges against Odorizzi were later dismissed, and he sought to resume his employment. When the school district refused to reinstate him, Odorizzi attempted to rescind his letter of resignation on several grounds, including undue influence. (He also alleged duress, but the facts of his case did not constitute duress under applicable state law.) Can Odorizzi avoid the contract on the ground of undue influence?

Reference no: EM13883927

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