BUSINESS ADMINISTRATION
BUSINESS LAW
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Question
[CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
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relationship
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ownership
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both a and b
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none of these
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Detailed explanation-1: -What are the key elements of undue influence? (1) Must be a relationship of trust, confidence, or authority between the parties to the contract (2) The stronger party must wrongfully, dominate the party or use unfair persuasion in order to secure an agreement.
Detailed explanation-2: -Unfair persuasion is any means that would seriously impair the free and competent exercise of the party’s judgment.
Detailed explanation-3: -The elements of undue influence are: (1) Susceptible testator or settlor; (2) Another’s opportunity to exert such influence; (3) The fact of improper influence exerted or attempted; and (4) The results showing the effect of such influence.
Detailed explanation-4: -UNFAIR PERSUASION ➢ Example: an elderly person, who is dependent on one child for daily care, may sell her home to that child for half its value. This is a strong evidence of lack of free will.
Detailed explanation-5: -Undue influence is when the free will and judgment of an individual is tampered with through persuasion using devices such as trickery, insinuations, deception, and flattery.