Asked by Michael McGuire on May 11, 2024
Verified
Shady lawyer.Brice had a number of ethical issues come up in law school involving alleged cheating but managed to graduate because nothing was ever proven.Upon obtaining his law license,Brice enjoyed living "on the edge" and engaged in tactics that were at least questionable.One of his clients was an older gentleman,Sam,with significant assets and significant legal issues involving a messy divorce stemming from his involvement with a local dog groomer,Susie.Brice told Sam that he felt certain that he could arrange matters so that Sam could live happily in the Caribbean with Susie but that,in addition to paying a hefty legal fee,Sam would need to name Brice as a significant beneficiary in his will and give Brice power of attorney over his assets.Sam agreed to do so.He gave Brice power of attorney and changed his will to reflect that upon his death,Brice would receive half his estate.The other half went to Susie.Sam also paid the hefty legal fee Brice demanded.At that point,Brice agreed to proceed with negotiations in the divorce.Shortly after the divorce,Sam had an unexpected heart attack and died immediately.Susie,the executor of the will,told Brice that she was reporting him to the state bar association and that he was not entitled to any assets from the estate.Brice told Susie that he knew that Susie had failed to pay income tax for all her dog grooming and that he was reporting her unless she kept her mouth shut and consented to the terms of the contract.Brice also said that in return for keeping his mouth shut,he wanted additional sums purportedly for his work on Sam's divorce.Assuming that Sam had paid all amounts validly due from the divorce proceeding,which of the following is true regarding Brice's attempt to obtain additional fees?
A) Brice has caused Susie to experience duress.
B) Brice has unduly influenced Susie.
C) Brice has caused Susie to experience duress and unduly influenced Susie.
D) Brice has committed intentional wrongful disclosure.
E) Brice is not guilty of anything,so long as he used no physical force to obtain Susie's agreement.
Duress
A condition whereby a person performs an act as a result of violence, threat, or other pressure against the person.
Unduly Influenced
Refers to a situation where a person is pressured or coerced into making a decision or action that they would not normally agree to under fair circumstances.
Intentional Wrongful Disclosure
The deliberate sharing of confidential or protected information without authorization.
- Analyze the distinctions between duress, undue influence, unilateral and mutual mistakes, and their influence on the legal enforceability of agreements.
- Grasp the effects of contract modification, along with the notions of economic duress and undue influence that play a role in these adjustments.
Verified Answer
KC
Kimberly CrymesMay 16, 2024
Final Answer :
A
Explanation :
Duress is found when one party was forced into the agreement by the wrongful act of another person.Duress occurs when one party commits extortion to gain consent to a contract.
Learning Objectives
- Analyze the distinctions between duress, undue influence, unilateral and mutual mistakes, and their influence on the legal enforceability of agreements.
- Grasp the effects of contract modification, along with the notions of economic duress and undue influence that play a role in these adjustments.