1.8k views
0 votes
In order for a claim of undue influence to be successful, what must the contracting parties have?

1) A close relationship of trust
2) A formal written agreement
3) The advice of legal counsel
4) D) Proof of financial loss

1 Answer

3 votes

Final answer:

A successful claim of undue influence must demonstrate a coercive manipulation of trust in a close relationship, not necessarily a formal agreement, legal counsel, or financial loss.

Step-by-step explanation:

To successfully claim undue influence, the contracting parties must generally prove that there was a close relationship of trust between the influencer and the influenced party, and that this relationship was exploited to such an extent that the influenced party was coerced into entering the contract. A written agreement or the advice of legal counsel may be relevant to the context, but they are not definitive requirements for proving undue influence. Similarly, while proof of financial loss could be a consequence of undue influence, the focus of the claim is on the evidence of the exerted influence and the compromised consent of the affected party, not necessarily the financial loss itself. Therefore, the key factor in a claim of undue influence is the presence of a coerced agreement that questions the voluntariness of the victim's consent due to the manipulation of trust or authority.

11

User Zac
by
8.1k points