is impossible to define‚ and difficult even to describe‚ at what point at which the influence becomes‚ in the eye of law‚ undue.” The doctrine of undue influence has been agreed upon as “the ground of relief developed by the courts of equity as a court of conscience.” It is an ordinary behaviour to influence individuals and persuade them to enter into transactions. However‚ the aim is to ensure that the influence exercised is not abused. On the grounds of these concepts‚ it is impossible to set a
Premium Common law Contract
VOIDABLE CONTRACTS * COERCION * UNDUE INFLUENCE * FRAUD * MISREPRESENTATION * MISTAKE PREPARED BY: TEH GUAN HONG GM04795 NUR SYAHIRAH BINTI HUSAINI GM04674 SAMEENA BINTI SIRAJ GM04558 ASHTON GM04801 NALINI BALAKRISHNAN GM04634 COERCION Coercion‚ as an element of duress‚ is grounds for seeking the cancellation of a contract or deed. When one party to an instrument is forced against his or her will to agree to its terms the document can be declared void by a court. In
Premium Contract Contract law
to do. Two months ago‚ Johnny transferred all his property to Victoria. He passed away a few days ago. Joe claims that the contract is voidable. Discuss. Answer: The issues that arise in this case are: 1) Whether there is a relationship between Johnny and Victoria? 2) Whether Victoria used her dominant position to transfer all of Johnny’s property to her? 3) Whether Joe has the right to set aside/ rescind the contract? 4) Whether this presumption can be rebutted? Every
Premium Family Mother Father
Case 2: When is undue influence or lack of capacity present when giving away property? What factors or tests have the courts put in place to prove this was present? According to 23 Am. Jur.2d Deeds § 176‚ the definition of "Undue influence‚" needed to contest conveyances‚ is that influence that dominates a grantor’s will and destroys his or her free agency and coerces it to serve the will of another.[1] A grantor who has been unduly influenced does not have the requisite intent
Premium Law Contract Common law
THE DOCTRINE OF UNCONSCIONABILITY: IS IT APPROPRIATE FOR IT TO BECOME THE UNDERLYING PRINCIPLE FOR A CLAIM OF VOIDABLE CONTRACTS ON THE GROUNDS OF UNDUE INFLUENCE? Table of Contents 1.0 Introduction 3 2.0 Concept of undue influence 3 3.0 Doctrine of unconscionability
Premium Contract Contract law Contractual term
A Case Study in Coercion Manuel Villanueva Oakland University‚ Michigan Abstract A case study of a 70-year-old patient finds his doctor responsible in coercing him into having a pacemaker inserted in his body. The doctor threatens to have the patient’s truck driver license revoked if he refuses treatment. Although the patient does not want the pacemaker put in his body‚ he does not want to lose his truck driver job which is how he supports himself. Ultimately‚ the patient submits to
Premium Informed consent Autonomy Decision making
Distinguish between operant conditioning‚ observational learning‚ and social learning. How are these different kinds of learning utilized in the work place? Give specific examples for each one. Operant conditioning is a theory that is useful when applied to the workplace in several ways. It addresses how employees interact with one another and with clients to how financially successful a company is annually. Operant learning is positive reinforcement. Another example of operant conditioning would
Free Reward system Reinforcement Operant conditioning
1.Distinguish between pidgins and creoles. Pidgin language is a simplified language that develops as a means of communication between two or more groups that do not have a language in common. It is most commonly used in situations such as trade‚ or where both groups speak languages different from the language of the country in which they live in (but where there is no common language between the groups). In addition‚ pidgins have a distinct set of characteristics that make them differ from the
Premium Lingua franca
Distinguish between Facts and Inferences My wife does it all the time. She will make an assumption based on an inference. Last week‚ we were going to my brother’s house for our annual Christmas party‚ we do that in the month of January‚ and a car happened to pass us in a quick hurry‚ she said to the person driving‚ “do not get mad at me‚ I did not set the speed limit at 55 miles per hour.” I then‚ asked her‚ “how do you know that person is mad at you‚” because she said‚ “he revved
Premium Reasoning Word Logic
1. Distinguish between power and authority Power is the ability to coerce or force someone to do your will even if in some cases they may not want to. Authority is the skill of making people willingly do your will. It also the right to give orders‚ enforce obedience or make decisions. 2. Compare and contrast the features of the leadership of bands‚ tribes‚ chiefdoms and state societies A chiefdom is a form of hierarchical political organization in non-industrial societies usually based
Free Sociology