2
BUSI 112 conduct is measured comparing the conduct of a reasonably careful person in the same
profession (Vokey v. Edwards)3.
From the facts of the case, it is evident that Wunder has failed to inform Bob about
the leakage in the condo. Therefore, can be held liable for providing wrong advice, if the
advice is based on ignorant positions, or if the agent or broker has failed to adopt appropriate
methods for research, investigation or consultation (Davenport v. Stakiw)4.
d) In the present case, Bob’s mother case set aside the contract with Mr. Walker on the
ground of unconscionable transactions. Further, there exists unequal bargaining regarding the
price between the two parties of the contract. Furthermore, Bob’s mother was an old lady and
had difficulty in hearing and seeing. In addition to this, she has no idea about the current real
estate values as Mr. Walker was. Therefore, the onus of showing the fairness of the contract
is on Mr. Walker (Dixon v. the United States). He also needs to prove that, Bob’s mother
entered into the contract for sale by her willful conduct (Bailey v. the United States). Failure
to which court can ask to set aside the contract. The doctrine of undue influence is also
applicable in this case, as Mr. Walker by virtue of his understanding of the market price was
in a dominant position in the disputed contract. Furthermore, Bob’s mother’s less knowledge
about the market standard is an influential factor in this case. In the case of Lloyds Bank Ltd v
Bundy5, it has been held that undue influence has been recognized as one of the classes of
unequal bargaining power.
e) Condos are usually regulated by the House Owner's Association. In the present case, Bob
can rent out his mother’s condo. In such a case, her mother will be the landlord. However,
before renting the condo Bob needs to ensure the following things that his mother owns all
important documents relating to the Condo. Further, he must obtain the No objection
3 Vokey v. Edwards, 1999 CarswellOnt 1440, (1999) O.J. No. 1706 (Ont. Sup. Ct.) at para. 71
4 Davenport v. Stakiw, 2007 CanLII 6911 (Ont. Sup. Ct.)
5 Lloyds Bank Ltd v Bundy [1974] EWCA 8

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