State The Requirements For Duress And Undue Influence?

1.	State The Requirements For Duress And Undue Influence?
Answer» DURESS (IMPROPER pressure that AMOUNTS to intimidation): Actual violence or reasonable fear The fear must be caused by the threat of some considerable evil It must be the threat of an imminent or inevitable evil The threat or intimidation must be contra bonos mores The moral pressure must have caused damage UNDUE INFLUENCE (The party who seeks to set aside the contract must establish): The other party obtained an influence over the party This influence weakened his or her POWERS of resistance and rendered his will compliant The other party used this influence in an unscrupulous manner to persuade him or her to agree to a transaction that was prejudicial to him or her he or she would not have concluded with normal freedom of will DURESS (improper pressure that amounts to intimidation):

Answer»

DURESS (IMPROPER pressure that AMOUNTS to intimidation):

Actual violence or reasonable fear
The fear must be caused by the threat of some considerable evil
It must be the threat of an imminent or inevitable evil
The threat or intimidation must be contra bonos mores
The moral pressure must have caused damage
UNDUE INFLUENCE (The party who seeks to set aside the contract must establish):
The other party obtained an influence over the party
This influence weakened his or her POWERS of resistance and rendered his will compliant
The other party used this influence in an unscrupulous manner to persuade him or her to agree to a transaction that
was prejudicial to him or her
he or she would not have concluded with normal freedom of will

DURESS (improper pressure that amounts to intimidation):

Discussion