When Does Influence Become Undue?
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منابع مشابه
The wills of older people: risk factors for undue influence.
BACKGROUND As people live longer, there is increasing potential for mental disorders to interfere with testamentary distribution and render older people more vulnerable to "undue influence" when they are making a will. Accordingly, clinicians dealing with the mental disorders of older people will be called upon increasingly to advise the courts about a person's vulnerability to undue influence....
متن کاملDifference between coercion and undue influence pdf
Whether financial inducements are undue. Three different studies in Africa raise serious questions.Coercion generally means to impose ones will on another by means of force or threats. Coercion may be accomplished through physical or psychological.coercion or undue influence. Significant variation within and between. Used in many different circumstances, often incorrectly.e traditional approach...
متن کاملElders and Testamentary Undue Influence in Australia
In two recent articles,1 the doctrine of testamentary undue influence was reevaluated and found deficient. In both articles it was argued that the doctrine as presently applied does not protect vulnerable testators,2 most particularly elderly people who make wills.3 The concern that elderly testators4 making wills for the first time, changing wills or adding codicils to their wills are subject ...
متن کاملTHE EQUITABLE DOCTRINE OF UNDUE INFLUENCE CONSIDERED IN THE CONTEXT OF SPIRITUAL INFLUENCE AND RELIGIOUS FAITH: ALLCARD v SKINNER REVISITED IN AUSTRALIA
The equitable doctrine of undue influence allows for the rescission of a gift or contract arising out of a relationship of influence between the transacting parties. The doctrine applies in two ways. The first application is through ‘actual undue influence’ where it must be proved that one party unconscionably used their position of significant influence in the relationship to secure the transa...
متن کاملMisconceptions about coercion and undue influence: reflections on the views of IRB members.
Payment to recruit research subjects is a common practice but raises ethical concerns relating to the potential for coercion or undue influence. We conducted the first national study of IRB members and human subjects protection professionals to explore attitudes as to whether and why payment of research participants constitutes coercion or undue influence. Upon critical evaluation of the cogenc...
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تاریخ انتشار 2016