18. Undue influence

2018 ◽  
Author(s):  
Paul S. Davies
Keyword(s):  
Typical Case ◽  
Undue Influence ◽  
The Relationship

This chapter examines ‘undue influence’. In a typical case, C claims that a transaction should be set aside because he reposed trust and confidence in D, and the influence that D had upon C was exerted in a way which was ‘undue’. The effect is to render a contract voidable such that it can be rescinded. The basis of undue influence is controversial: it has been argued both that undue influence is based upon D’s exploitation of the relationship, and that the focus is solely upon C’s impaired consent. There are two ways of proving undue influence, which explains actual undue influence and presumed undue influence. Actual undue influence is distinct, though there are overlapping areas, from duress since there is no need to prove a threat or illegitimate pressure. Presumed undue influence requires C to prove that C placed trust in D and that the transaction calls for explanation.

18. Undue influence

2021 ◽  
pp. 275-287
Author(s):  
Paul S. Davies
Keyword(s):  
Typical Case ◽  
Undue Influence ◽  
The Relationship

This chapter examines ‘undue influence’. In a typical case, C claims that a transaction should be set aside because C reposed trust and confidence in D, and the influence that D had upon C was exerted in a way which was ‘undue’. The effect is to render a contract voidable such that it can be rescinded. The basis of undue influence is controversial: it has been argued both that undue influence is based upon D’s exploitation of the relationship, and that the focus is solely upon C’s impaired consent. There are two ways of proving undue influence, which explains actual undue influence and presumed undue influence. Actual undue influence is distinct, though there are overlapping areas, from duress since there is no need to prove a threat or illegitimate pressure. Presumed undue influence requires C to prove that C placed trust in D and that the transaction calls for explanation.

14. Duress and undue influence

2018 ◽  
Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins ◽  
Jens Krebs
Keyword(s):  
Decision Making ◽  
Consumer Protection ◽  
Economic Interest ◽  
Undue Influence ◽  
Relationship Of ◽  
The Relationship ◽  
Do So

This chapter looks at the effect of duress or undue influence on the making of a contract. The difficulty is identified of distinguishing hard bargaining from economic duress, when the ‘threat’ is to the economic interest of the party ‘threatened’. This raises the question of what amounts to an illegitimate threat; whether a threat which is not otherwise legally labelled as wrongful will suffice, and whether all threatened breaches of contract do so. The question also arises as to a test of a ‘reasonable’, or ‘practical’, alternative to agreeing. Undue influence is concerned with the surrender of decision making because of the relationship of the parties whether through domination or trust. The presumptions that arise in relation to undue influence, and when they arise, are examined. Consideration is given to the treatment of aggressive and misleading trade practices under the Consumer Protection from Unfair Trading Regulations (as amended by the Consumer Protection (Amendment) Regulations 2014).

scholarly journals UNDUE INFLUENCE SEBAGAI FAKTOR PENYEBAB CACAT KEHENDAK DILUAR KUHPERDATA, DALAM UPAYA MENGISI KEKOSONGAN HUKUM

LITIGASI ◽  
2016 ◽  
Vol 17 (1) ◽  
Author(s):  
N. Ike Kusmiati
Keyword(s):  
Contract Law ◽  
Civil Code ◽  
The State ◽  
Undue Influence ◽  
Freedom Of Contract ◽  
Opposing Party ◽  
Bargaining Position ◽  
The Will ◽  
The Government ◽  
The Relationship

Not to misuse the regulation of the state as the factor that causes defects in the will of the Indonesian Civil Code, should be anticipated for the development of contract occurs so fast in practice. The convergence of an agreement in the form of rapprochement will of the parties, no longer occur in a balanced manner, because there are elements that influence the parties, both economically and psychologically, whereby the economically strong dominate the contract even harm the opposing party, so the contract applies biased, unfair and inappropriate. Therefore, the government needs to intervene to protect the weaker party. It was felt important need for inclusion of the substance abuse situation as a factor that will cause defects arising from Jurisprudence in the Netherlands as the fourth element, in addition to oversight, coercion and deception that has been set out in Article 1321 of the Civil Code. It is therefore necessary to be examined how the relationship between the abuse of state as the factor that causes the will deform against the abuse of contracts and how to position the state as a factor that causes defects will fill the void in the legal system of contract law in Indonesia. The results showed that the state of relationship abuse as factors that led to the agreement will deform, relevant because the agreement occur with the agreement, and to the agreed required the conformity of the will of the parties. For that agreement became the basis for the validity of the contract. But with the misuse of state in the contract raises the contract it becomes irrevocable, because conformity of his will are not met, while the position of the abuse of the state as the factor that causes a defect will in fill the legal vacuum in the system of contract law in Indonesia, it is very important, where in addition there is no setting in Indonesia, also the case in practice. The parties to a contract are often cornered by the interests of one party, so that the opposing party gives consent with full conviction, because it does not have the bargaining power is balanced, often one of the parties has a weak bargaining position, caused by the influence of the economic position and psychiatric one parties, so we need government intervention to oversee the implementation of the freedom of contract in practice, and making rules coercive. Keywords: Abuse of state; Disability Will; Contracts

Dogmatism, Defense Mechanisms, and Social Desirability Responding

1967 ◽  
Vol 20 (2) ◽  
pp. 511-513 ◽  
Author(s):  
Clemens S. Bernhardson
Keyword(s):  
Social Desirability ◽  
Significant Relationship ◽  
Defense Mechanisms ◽  
Partial Correlation ◽  
Positive Relationship ◽  
Undue Influence ◽  
The Relationship

The influence of social desirability responding on the correlation between the Dogmatism and Repression-Sensitization Scales was examined. A positive relationship was found between these two scales ( r = .44, p < .001). This relationship decreased only slightly when a partial correlation was used to remove the influence of social desirability responding ( r = .40, p < .001). In addition, correcting for attenuation in the controlled variable still resulted in a significant relationship between these two variables ( r = .39, p < .001). Thus social desirability responding does not have an undue influence on the relationship between the Dogmatism Scale and the Repression-Sensitization Scale.

scholarly journals Undue Influence as a Family Affair

2010 ◽  
Vol 2 (1) ◽  
pp. 1-23
Author(s):  
Bonnie Lashewicz ◽  
Norah Keating ◽  
Jack Phelan
Keyword(s):  
Adult Child ◽  
Care Recipient ◽  
Parent Care ◽  
Undue Influence ◽  
Legal Doctrine ◽  
Vulnerable People ◽  
Sharing Responsibility ◽  
The Relationship ◽  
Recipient Parent ◽  
Sibling Experience

Siblings sharing responsibility for parent care, and entitlement to parent assets, are sometimes dissatisfied with how their parents’ estates are distributed following a period of care to the parent. Such dissatisfaction can be advanced through legal claims by some siblings that other siblings, during the course of giving care, exerted undue influence over the parent to obtain their assets. The Canadian legal doctrine of undue influence directs attention to what transpired between two parties in the interest of protecting vulnerable people from having to honor arrangements to which they did not truly consent. In these cases, the focus is on the relationship between a sibling as an adult child, and the now deceased care recipient parent. At the same time, these cases reflect expectations and dynamics among siblings relative to each other. In this paper, a family, rather than dyadic, perspective is employed to illuminate elements of undue influence claims that are relevant to the sibling experience of giving care and sharing assets. We thus expand on understandings of dyadic issues addressed by the courts.

An Early Iron Age cemetery in ancient Pydna, Pieria: what do the bones tell us?

1998 ◽  
Vol 93 ◽  
pp. 353-364
Author(s):  
Sevi Triantaphyllou
Keyword(s):  
Health Status ◽  
Recent Work ◽  
Iron Age ◽  
Skeletal Remains ◽  
Typical Case ◽  
Early Iron Age ◽  
Human Populations ◽  
Dental Disease ◽  
Northern Greece ◽  
The Relationship

Recent work on the association between anthropological and archaeological interpretations has been of great value in the study of prehistoric social organisation. Health and dietary differences are an important aspect of the relationship between population and its environment. The present work investigates some forty skeletal remains from a partially excavated Early Iron Age (1100–700 BC) cemetery in northern Greece and attempts to trace aspects of the health status of the cemetery population concerned. Individuals of all ages and sexes have been recorded. Examination reveals a remarkable prevalence of dental disease, a few cases of cribra orbitalia (possibly related to some postcranial infectious manifestations), one typical case of osteoporosis, and a few arthritic spinal changes. The rarity of prehistoric skeletal material in northern Greece, as well as the noticeable lack of anthropological studies in the area, make the research significant for further interpretations considering issues of social structure and reconstruction of past human populations.

15. Duress, undue influence, and unconscionable bargains

2019 ◽  
pp. 702-760
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
Case Law ◽  
The Other ◽  
Third Party ◽  
Undue Influence ◽  
Financial Position ◽  
Legal Effect ◽  
The Subject ◽  
The Relationship ◽  
Selection Of ◽  
Made In

The Casebook series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter examines further vitiating factors which relate to the way in which the contract was entered into and render it voidable. It discusses the doctrines of duress and undue influence and whether contracts are affected by a general doctrine of unconscionability relating to the manner of formation and content relative to the nature and position of the contracting parties. The doctrine of economic duress allows for any contract to be set aside where unlawful threats to financial position were made in order to secure agreement. This doctrine is still evolving but represents a mechanism to prevent the enforceability of promises not freely given. Under the doctrine of undue influence, a contract may be set aside if one party has put unfair and improper pressure on the other in the negotiations leading up to the contract. The courts of equity have developed undue influence as one of the grounds of relief to prevent abuse of the influence of one person over another, particularly where the influence results from the nature of the relationship between the parties. The chapter examines types of undue influence, actual undue influence, presumed (or evidential) undue influence, undue influence exercised by a third party, the legal effect of undue influence, and the relationship between undue influence and unconscionability.

The Flâneur in Undue Influence (1998)

2020 ◽  
pp. 160-191
Author(s):  
Peta Mayer
Keyword(s):  
Women's Writing ◽  
Woman Writer ◽  
The Novel ◽  
Undue Influence ◽  
Rhetorical Figure ◽  
The Relationship ◽  
Women’S Writing

This chapter takes protagonist Claire Pitt’s speculative imagination, walking and misreading to read Undue Influence through the figure of the flâneur. Tracing the walking journeys undertaken by Claire Pitt and Martin Gibson, it presents a literal and literary map of the novel. It argues against Michel de Certeau’s assertion that maps constitute procedures for forgetting by demonstrating how Brookner’s women’s walking texts have been largely unrecognised. Drawing on Charles Baudelaire’s theories of Romantic imagination and walking, Harold Bloom’s narrative of intertextual influence and the rhetorical figure of peripeteia (reversal), this chapter recasts the relationship between Claire and Martin as the relationship between ephebe and precursor poet. In staging the performance of the flâneur, it rereads Undue Influence through the ‘revisionary ratios’ of Bloom’s narrative of influence—clinamen, tessera, kenosis, daemonisation, askesis, apophrades. It argues against the heterocentric presumption of Brookner’s reception in which personal and romantic failure is the dominant narrative to tell about the novel. By freighting emphasis on women’s creativity, imagination, artistry and subversion and finding new ways to read intersubjective relationships, this chapter underscores value and industry of the woman writer and women’s writing.

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