Duress and Undue Influence

17 02 2011

The textbook describes duress as a situation where a person enters an agreement, but only because of use of force or threat of bodily harm. For example, a business owner who must pay “protection money” to a neighborhood gang.

It describes undue influence as a situation where a person uses unfair and improper persuasive pressure to force another person to enter into an agreement. This usually happens with people who are old, have ill health, or have mental immaturity. For example, an old man agrees to give his neice $5000 because the neice told him that she would get thrown out of college if he didn’t give her the money.

ASSIGNMENT:
Search the Internet and find a news article that describes either of these situations. Once you find one that is suitable, do the following:
1. Reply to this post with either “duress” or “undue influence” as the title along with the state where the situation occurred. For example, “Duress – Nevada”.
2. In your post, include a link to the article.
3. In one full paragraph, expain why yours is a good example of duress or undue influence. Be sure to include evidence from the article about the contract that was entered into by the victim.
4. Once you have posted your article and explanation, read the posts of two of your classmates. Reply to each of the two and explain why you agree or disagree with their observations.
5. You may receive bonus points for responding to more than two article posts on this subject.

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20 responses

17 02 2011
Chris.S

http://www.washingtoninjuryattorneyblog.com/2008/10/couple_charged_with_elder_abus.html
This Article is undue influence, the reason this article is undue influence is because the elderly are being taken advantage of. This is happing by the people giving the elderly a paper to sign a loan to make them feel guilty as a “Give a Gift” then the elderly would give the people a loan for the “Give a Gift”. The other part is having one become a indentured servant and the couple signed the contract because he was mentally challenge and the elderly man lost his home and two cars.

17 02 2011
Mico Rivera

Yes, this is Undue Influence because there was obviously some pressure into a contract. Also, they are old. The end.

Sith Lord,
Mico Rivera

4 03 2011
James Nelson

its undue influence if someone they trust is taking advantage of them. i think this is fraud

17 02 2011
jamnelson

duress. unknown location
http://topics.nytimes.com/top/reference/timestopics/people/m/anthony_d_marshall/index.html?scp=1&sq=elderly%20abuse&st=cse
This article is a great example of duress. a man named anthony marshall was accused of stealing money from elderly people diagnosed with alsheimers. he evidently had been forcing those citizens to change their will or sign him over money.he is charged with fraud and pending punishment.

17 02 2011
Mico Rivera

This is Undue Influence, not Duress. They are not being harmed, just influence and they are old.

Sith Lord,
Mico Rivera

4 03 2011
Chris Smith

True harm wasnt commited only fraud

17 02 2011
Mico Rivera

“Undue Influence-England” http://news.bbc.co.uk/local/leicester/hi/people_and_places/newsid_9383000/9383836.stm
This article shows undue influence by someone acting like an American soldier wanting to get out of Iraq and needing money to do so. This person went to a dating website and met a women and serenaded her with love poems and such; as a result, she fell in love with him and sent him money. She found out that this person was not real when one day he stopped replying to her emails.

Sith Lord,
Mico Rivera

21 02 2012
applepurple95

wow, what a creeper.

4 03 2011
Chris Smith

Thank you mico :)

Better Sith Lord,
Chris Smith

4 03 2011
James Nelson

this is a good example of Undue Influence!

4 03 2011
Michael Smith

Duress-Norwalk
http://www.stamfordadvocate.com/policereports/article/Five-charged-in-late-night-armed-robbery-at-1041855.php

This is an example of duress, because the robber threatened to harm a man if he did not give him money. The man did not give up his money so he was beat and had his money stolem.

16 02 2012
madisoncaddy2014

Duress – Not sure where

http://www.lawteacher.net/contract-law/cases/duress-cases.php

Maskell v Horner [1915] 3 KB 106

This article is a good example of duress, for something was being taken by physical force in return for something else. It takes the form of a contract, but is in affect due to illegal means of physical violence. The tolls in question were demanded from the stall owner, and he was either to give up the payment or lose his market stall, along with all of the goods sold. It was decided that he was not bound to pay, but the idea of duress is certainly prevalent in this article.

-Madison Caddy

21 02 2012
JacobWeathers6

I feel like this is a good and clear example of duress. The owner was forced to pay money that he didnt have to and was also threatened to lose his market and his goods.

16 02 2012
JacobWeathers

Barton v Armstrong [1976] AC 104

http://www.lawteacher.net/contract-law/cases/duress-cases.php
A former chairman of a company was threatened by death by the current chairman. The threat was he had to buy shares in the company. The threatener thought it was “satisfactory business arrangement both from his own point of view and that of the company”

21 02 2012
Madison Caddy

This article does seem to be a good example of duress. The death threat element is certainly prevalent. However, I am wondering what the final decision was on the case. Did A ever prove that B was indeed under duress, or was that merely a defense on B’s part to protect himself from the legal obligations of the contract at hand?

16 02 2012
applepurple95

Duress- Nigeria
http://allafrica.com/stories/201202071122.html
This is duress because he was forced into a contract. The contract was for him to turn himself in. It’s not really a contract since it wasn’t legal. I know this is a very bad example.

16 02 2012
josfrazi001

Undue Influence — Chicago, Illinois 1902

http://query.nytimes.com/mem/archive-free/pdf?res=F40E12FC3E5412738DDDA80894DA405B828CF1D3

A “Dr.” Dowie, a prominent minister, took adavantage of his brother-in-law Samuel Stevenson. Samuel Stevenson was a major part of the lace industry and thus had a lot of money to his name. Dowie, knowing how to appear as if his word was God’s word, tricked Stevenson into giving most of his money to “the church”. Also known as Dowie’s personaly funds. Stevenson, not being the sharpest tool in the shed, actually was a devout person and took Dowie’s word as truth.

21 02 2012
Madison Caddy

I find this to be a good example of undue influence. The use of devout sources to take money from people fits the definition nicely. I like that you used an example that was not involving senior citizens.

21 02 2012
applepurple95

I don’t find this undue influence, I find that it is fraud. Dowie knew that Samuel had money so he lied to him saying his money would get to the church, thus fraud is commited.

16 02 2012
tayloger000

Undue Influence-Seattle-Gerald Taylor
Basicly, a couple was making it hard for a mentally challenged couple to live. They were stealing money from them. they also were beatng up on them and causing mental health as well. unfortunatly, they made it really hard for those people to live their life.

http://www.washingtoninjuryattorneyblog.com/2008/10/couple_charged_with_elder_abus.html

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