Asked by
Desmond Bowers
on Nov 23, 2024Verified
Sarah Burns is suing her lawyer, Tom Lachey, for the return of property worth $20,000 that she had given him. She had signed a properly sealed document making the gift to him. She says she knew what she was signing but felt overwhelmed by his manner. It will be up to Sarah Burns to prove on the balance of probabilities that she was unduly influenced by Tom Lachey.
Undue Influence
Excessive pressure or influence applied by one individual to another in order to gain an unfair advantage.
Balance Of Probabilities
The standard of proof in civil cases, where the case that is more probable to be true is accepted over the other.
Properly Sealed
Ensuring that a container or package is securely closed and tamper-evident, often to maintain freshness or prevent contamination.
- Attain an understanding of the legal concept of undue influence and its consequences for contract legitimacy.
- Analyze the obligations concerning the burden of proof in situations involving accusations of undue influence and misrepresentation.
Verified Answer
SF
Learning Objectives
- Attain an understanding of the legal concept of undue influence and its consequences for contract legitimacy.
- Analyze the obligations concerning the burden of proof in situations involving accusations of undue influence and misrepresentation.