Asked by Alexia Hutton on Apr 29, 2024
Verified
Which of the following is most likely to constitute undue influence?
A) A firm demanding more in terms of pricing by withholding essential supplies.
B) A clergyman using a parishioner's emotional susceptibility to get the parishioner to contract with the clergyman.
C) Threatening to commence a frivolous criminal prosecution against someone,in order to get him or her to contract with you.
D) Grabbing someone's hand and forcing him or her to sign on a contract you have prepared.
Undue Influence
Improper or unfair persuasion by one party over another, often resulting in decisions or agreements that benefit the influencer.
Clergyman
A male priest, minister, or religious leader, especially one authorized to perform sacred rituals and ceremonies in Christian denominations.
Emotional Susceptibility
A person's tendency to be easily affected by emotional experiences or to be more sensitive to emotional stimuli.
- Acknowledge the impact of improper pressure and constraint in the field of contract law.
- Acknowledge the ethical and legal considerations in business interactions and the abuse of trust or authority.
Verified Answer
SJ
Shobana JayapalanMay 05, 2024
Final Answer :
B
Explanation :
Undue influence cases involve people who are in a position of particular vulnerability in relationship to the other party to the contract.This relationship can be one of trust and confidence,in which the person being influenced justifiably believes that the other party is looking out for his interests,or at least that he would not do anything contrary to his welfare.The clergyman using his parishioner's emotional susceptibility is case of an undue influence since he misuses the parishioner's trust on him.
Learning Objectives
- Acknowledge the impact of improper pressure and constraint in the field of contract law.
- Acknowledge the ethical and legal considerations in business interactions and the abuse of trust or authority.