Contract lawLesson 3 of 3 in the course Terms, misrepresentation and vitiating factors

Undue Influence: Risk Factors, Legal Presumptions, and Assessment Frameworks

5 flashcards · 5 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

Undue influence describes a process in which one person’s psychological pressure or manipulation supplants another person’s free will and judgment. This lesson introduces the concept, explains why it is usually understood as a process over time, and distinguishes it from an assessment of decision-making capacity.

Undue influence (UI) is a legal concept for a process through which one person gains control over another person’s decisions by manipulation or unfair pressure. The exact legal definition varies across jurisdictions. It is often associated with financial gain, but the central issue is that the person’s own judgment and free will have been supplanted.

All flashcards

What is undue influence?
It is manipulation or unfair pressure that overcomes a person’s independent judgment and affects their decisions. Legal definitions vary by jurisdiction.
Why is undue influence described as a process?
It may develop gradually as someone builds trust or dependence and gains control over another person’s choices over weeks, months, or years.
How does a capacity assessment differ from an undue-influence assessment?
Capacity concerns whether a person can perform a particular task at a given time. Undue-influence assessment examines interactions and circumstances over time to determine whether unfair tactics affected a decision.
Who may be in a position to exert undue influence?
A caregiver or another trusted person may do so, including a family member, attorney, accountant, or nursing-home attendant. Their role alone does not prove misconduct.
What is traumatic bonding in this context?
It is a bond that can form between a victim and an influencer or abuser, sometimes leading the victim to defend the person who is manipulating or harming them.

Quiz questions

  1. In some jurisdictions, what combination may support a presumption of undue influence in a will dispute?Answer: A confidential or fiduciary relationship together with suspicious circumstances.
  2. When a presumption of undue influence applies to a contested will, what must its proponent generally show to rebut it?Answer: That the testator acted voluntarily and was not unduly influenced when the will was executed.
  3. Which set of factors makes up the IDEAL model?Answer: Isolation, dependency, emotional manipulation, acquiescence, and financial loss.
  4. Which elements are emphasized by the SCAM model?Answer: Susceptibility, a trusting relationship, active procurement of transactions, and monetary loss.
  5. What is the California Undue Influence Screening Tool intended to do?Answer: Help practitioners identify possible undue influence; it does not itself make a final legal determination.

Based on the Wikipedia article Undue influence, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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