duress and undue influence

Question 1

definition of duress

Answer 1

the physical confinement of a person or the detention of a contracting party’s property, a threat of harm made to compel someone to do something against their will, WRONGFUL COERCION by one to compel another to do something they would not voluntarily have done

Question 2

physical duress

Answer 2

ouchie

Question 3

mental duress

Answer 3

undue influence or over persuasion

Question 4

duress of goods

Answer 4

threats to a persons property

Question 5

economic duress

Answer 5

mafia like commercial interference

Question 6

duress

Answer 6

victim has NO REASONABLE CHOICE

Question 7

174

Answer 7

PARTY UNDER DURESS DOES NOT FREELY ASSENT TO CONTRACT FORMATION.
if actual physical compulsion it is void. if it is threats then it is void or voidable depending on the facts

Question 8

duress

Answer 8

bad faith, no reasonable alternative is hard to prove, voidable. may be dissaffirmed or ratified

Question 9

economic duress (business compulsion)

Answer 9

weaker party was a victim of wrongful or unlawful or improper threat OR weaker party was deprived of free will and judgement

Question 10

economic duress (judicial interpretation)

Answer 10

involuntary acceptance of terms of another
lack of reasonable alternative under the circumstances
causation (coercive acts of another, intentionally caused, threat must substantially contribute to the manifestation of intent)

Question 11

choice 3 economic duress restatement 2 and 175

Answer 11

wrongful conduct OR improper threat
lack of reasonable alternative
actual inducement is measured by subjective standard (causation)

Question 12

what qualifies as a improper threat anyways

Answer 12

words or conduct
bad faith threat of breach of conduct
crime or tort
criminal prosecution
bad faith civil prosecution

Question 13

economic duress

Answer 13

one party causes or is responsible for another economic plight

Question 14

hard bargaining

Answer 14

one party takes advantage of the other party’s economic plight

Question 15

undue influence 177

Answer 15

unfair persuasion of party who is under domination of person OR who by future of the relation between them is justified in assuming that the person will not act in a manner inconsistent with his welfare

voidable

usually family or fiduciary relationships

Question 16

coercion

Answer 16

threat and power

Question 17

persuasion

Answer 17

understanding and manipulation

Question 18

undue influence

Answer 18

can be established by over persuasion and pressure but falls short of actual threats or harm. one party dominates the will of the other by virtue of their relationship. under influence has more to do with taking advantage of weaker emotional or psychological state

Question 19

lessened capacity to make free contract

Answer 19

age, physical condition, emotional anguish, combination

does not have to be permanent

Question 20

excessive strength by dominant party over servant party (unfair advantage)

Answer 20

discussion of transaction at unusual or inappropriate time. consummation of transaction unusual place. insistent demand that business be finished at once. extreme emphasis on untoward consequences of delay. use of multiple persuaders, absence of 3rd party advisors to servant party, statements that there is no time to consult financial advisors or attorneys

Question 21

proof that the weaker party was

Answer 21

susceptible of being unduly influenced

Question 22

proof than an

Answer 22

opportunity to exercise undue influence existed

Question 23

proof of an actual

Answer 23

influence over the weaker party occurred

RESULTING IN A UNNATURAL, ILLOGICAL, OR SUSPICIOUS TRANSACTION