What is the essential feature of undue influence?
Explanation
This question focuses on the definition of undue influence, distinguishing it from other defenses like duress. The key is the overcoming of one's free will through a relationship of trust and confidence, not through overt threats.
Other questions
A contract that is otherwise valid may be rendered unenforceable if the parties have not genuinely agreed to its terms. Which of the following is considered a factor that can undermine voluntary consent?
What is the key distinction between a mistake of fact and a mistake of value in contract law?
In the case of Raffles v. Wichelhaus, where two ships named Peerless were sailing from Bombay, why did the court conclude a mutual mistake had been made?
What is the first exception to the general rule that a unilateral mistake of fact does not provide relief from a contract?
Which of the following is NOT one of the three required elements to prove fraudulent misrepresentation?
What is the legal term for the element of fraudulent misrepresentation that signifies an 'intent to deceive'?
If a person makes a statement they believe is true but that actually misrepresents a material fact, what remedy is typically available to the aggrieved party?
When is reliance on a misrepresentation NOT justified?
To recover damages for fraud, what must an innocent party universally prove?
In the case *Roberts v. Century Contractors, Inc.*, what was the material fact about which both parties were mistaken?
According to the ruling in *Vokes v. Arthur Murray, Inc.*, when can a statement of opinion be considered actionable as a misrepresentation of fact?
What is the legal term for a contract written exclusively by one party and presented to the other on a take-it-or-leave-it basis?
Under what circumstances is economic duress typically found to be a valid defense against contract enforcement?
What type of misrepresentation occurs if a party fails to exercise reasonable care in uncovering or disclosing facts, or does not use the skill their profession requires?
What is the primary factor that courts look at to determine if a contract is procedurally unconscionable?
When does a presumption of undue influence arise in a contractual relationship?
A court remedy that allows a contract to be rewritten to reflect the parties' true intentions is known as what?
In *Simpson v. MSA of Myrtle Beach, Inc.*, the court found the arbitration clause to be substantively unconscionable because it did what?
A seller's statement such as 'This car will last for years and years' is typically considered what in contract law?