Special Report on
Duress and UNdue Influence
Photo by sarasotawillcontest.com
This essay will explore the balance that the courts need to achieve in order to make contract law work. Amongst other things the courts must be able to balance fairness and certainty. This is not an easy balance to achieve especially in relation to defective contracts. The difficulty in achieving this balance will be demonstrated through case law in the area of defective contracts. In particular, this essay will explore the areas of misrepresentation, duress and undue influence to assess whether or not a balance between fairness and certainty has been achieved. This essay will look at both the issues of fairness and ...
Duress and UNdue Influence - Trends
Latest Trending Story:
Prevent Elder Abuse: Getting Our Minds (and Laws) Around Undue ...
financial exploitation * identity theft * cognitive impairment and undue influence * caregiving issues * cultural factors * gender issues Undue influence. We know it when we see it, and those of us in elder abuse prevention see it often: elders who are ill, lonesome, isolated, impaired, or grieving being persuaded to give away assets, sometimes homes and life savings, to new acquaintances, suitors, family members, or even cunning cons in other countries. They use various devices--trust documents, powers of attorney, wills, sweepstake offers, bogus charities, or quickie marriages--but the results are the ...
Wikipedia
used... to induce another to act [or not act] in a manner [they] otherwise would not [or would]". The notion of duress must be distinguished both from undue influence in the civil law and from necessity which might be described as a form of duress by force of circumstances. Note that in criminal law, a duress defense is similar to a plea of guilty, admitting partial culpability , so it could possibly lead to an easy conviction of a criminal. Duress or coercion can also be raised in an allegation of rape or sexual assault to negate a defence of consent on the part of the person making the allegation. Cite error: There are
FEATURED BLOG
Mixing family members and money does not always lead to love and happiness, as the current economic environment has provided way too many examples. While the work we do is frequently challenging and often rewarding, protecting our clients, our colleagues and ourselves from unnecessary litigation remains a high priority. In many cases, litigation can be avoided with some basic precautionary measures, and solid estate planning procedures. When those measures are missing, all too often probate litigation or trust litigation is the ultimate result. This entry explores some ... Read More
RECOMMENDED BOOKS
REVIEWS AND OPINIONS
The changes boosted the share of his fortune left to his wife, Bren Simon. Originally she was to get a third. After the changes, she was to half. The changes also cut out Melvin’s three children from his first marriage—Deborah, David Simon and Cynthia Simon-Skjodt—and left charitable giving to Bren’s discretion. The earlier will earmarked one-third of the estate for charity. Mr. Simon’s estate is valued at somewhere from $1 billion to $2 billion, and it has increased since his death since the stock in the company he founded–Simon Property Group–has rebounded. The changes to the will ...
market research, surveys and trends
Most contracts pose no problems – they are usually a simple interchange of cash for goods. But when contracts get more complicated they can, and do, go wrong. This is less likely to occur when the parties understand what they are doing, what their rights and obligations are, and how to recognise potential problems. A contract is a legally binding promise or a set of promises between two parties. In this context a promise is an undertaking by one person to do something or refrain from doing something if another person does something or refrains from doing something or makes a promise in return. In order for a contract to be ...
market research, surveys and trends
SURVEY RESULTS FOR
DURESS AND UNDUE INFLUENCE
In probate proceedings you don't need to file a new complaint every time you want your probate judge to rule on some new issue. Why? Because probate is an in rem proceeding where the Florida Rules of Civil Procedure generally don't apply. That's NOT how it's supposed to work in trust litigation. Subject to a few clearly-defined exceptions, F.S. 736.0201 says "proceedings concerning trusts shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure." Probate Custom vs. Trust Litigation Here's the problem: most trust litigation takes place before probate judges, ...
industry trends, business articles and survey research
Francis X. Morrissey Jr., center, in November. He faces charges that he helped Brooke Astor’s son exploit her in her final years. By SERGE F. KOVALESKI and COLIN MOYNIHAN Elisabeth von Knapitsch may not have known Brooke Astor , and Ms. von Knapitsch’s fortune — $15 million — was certainly modest compared with Mrs. Astor’s legendary wealth. But these two doyennes of Park Avenue did have someone in common during their frail final years: Francis X. Morrissey Jr., a lawyer who has been accused of wrongfully meddling in their estate matters to enrich himself. Mr. Morrissey, 65, has been charged in an ...
industry trends, business articles and survey research
RELATED NEWS
's public disclosure of an unspecified charge of inappropriate behavior levied against him, former state transportation commissioner Joseph Marie has hired a lawyer and is planning to defend his reputation. At the same time, Rell said Thursday that Marie was treated fairly by her office. Richard Hayber, the Hartford attorney retained by Marie, defended his client's decision last week to sign a stipulated agreement to resign his post rather than fight the inappropriate behavior charge. "He was told if he didn't sign at that moment he would be escorted out of the building and that his termination would be ...
market trends, news research and surveys resources
Plaintiffs, business entities incorporated in Tennessee, claim that defendant Activant Solutions Inc., a Delaware corporation, breached its contract to develop and provide software to its businesses. Before the court is Activant's motion to dismiss and/or to compel arbitration. For the reasons which follow, Activant's motion to dismiss will be denied, and this action will be transferred to the Western District of Texas. Plaintiff Dealers Warehouse Corporation is a wholesale distributor of building materials and related products. Dealers Warehouse also manufactures and sells millwork. Plaintiff Marvin Concepts is a ...
market trends, news research and surveys resources
INFORMATION RESOURCES
n The difference between duress and undue influence. n The difference between misrepresentation and fraud. The Opening Scene, pg. 127. n Alena. n Hana ...
technology research, surveys study and trend statistics
May 26, 2010 ... Runyan contends the court's erred because he “was improperly precluded from asserting illegality, duress or undue influence.” We affirm. ...
technology research, surveys study and trend statistics
A party to a contract may attempt to escape from its
contractual obligations by contending that its assent to the proposed bargain was induced
by mistake, misrepresentation, duress, or undue influence. Legal scholars frequently
refer to these theories as devices by which courts police bargains. A party seeking
such escape in litigation may do so either by asserting the mistake, misrepresentation,
duress, or undue influence as a defense to an action for breach of the contract initiated
by the other party or may bring an action for rescission of the contract. We call a
contract ...
REAL TIME
DURESS AND UNDUE INFLUENCE
FEATURED VIDEOS
Watch these videos to learn more about industry trends, latest news and technologies.
-
Steve Martini Undue Influence (1996) -
Undue Influence - Russell J. Fishkind, Esq.
Join these Webinars to learn more about current research, trends and surveys.
QUESTIONS AND ANSWERS
I saw one poster yesterday who said that she has never seen coercion used in obtaining surrenders, so I assume she doesn't believe that it has happened or ever did. Are the women who claim they were coerced into surrendering their infants lying, or covering their actions; hiding from their guilt? I am curious if this is a common belief. http://dictionary.reference.com/browse/c… co•er•cion koʊˈɜr ʃənShow Spelled[koh-ur-shuh n] Show IPA –noun 1. the act of coercing; use of force or intimidation to obtain compliance. 2. force or the power to use force in gaining compliance, as by a government or police force. Legal ...
Undue influence is any act of persuasion that overcomes the judgment and free will of another person. It can include such things as deception, flattery, begging, trickery, insinuations and other forms of coercion that play against a person's vulnerabilities. Four elements must be present to advance a claim of undue influence: 1.) It must be demonstrated that the victim was susceptible. 2.) There must be an opportunity for the undue influence to occur. 3.) There must be evidence the defendant is inclined to exert undue influence. 4.) The record must reveal a suspicious transaction. First answer by Kluss .
Last edit by Kluss
