Undue Influence

In Planned Parenthood of Missouri v. Danforth and Planned Parenthood of Southeastern Pennsylvania v. Casey, the United States Supreme Court respectively held that it is unconstitutional to require a mother to seek consent from or to notify the father before she has an abortion. Fathers thus lost consent and notification rights. However, courts have recently begun to recognize a property interest in human embryos. This legal trend—resulting from the widespread use of assisted reproductive technology—could allow fathers to claim that the abortion of their unborn children violates the Due Process Clause, which protects people from being deprived of “life, liberty, or property, without due process of law.” A conflict thus arises between Casey’s holding and the due process rights fathers are entitled to in the context of abortion. This Note reviews cases that have found property and property-like interests in embryos, as well as due process jurisprudence regarding property interests. Thi...

This review article considers ethical concerns when doing research on potentially vulnerable people who inject drugs (PWID) in a Canadian context. The Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans broadly addresses many of the traditional ethical principles of research on vulnerable persons, but does so at the cost of clarity and precision. Vulnerability is contextual rather than absolute. When doing research with vulnerable persons, informed consent should be obtained from an independent person, and comprehension should be checked using questioning. Participants can be vulnerable due to many factors, including addiction, chronic disease, socioeconomic and racial status, and lack of education. The ability of PWID to give informed consent can be compromised by undue influence or intoxication, but existing research shows that neither the mode nor the magnitude of compensation has a significant effect on new rates of drug use. Compensation can also help di...

Common law has a dictum that people must not benefit from their crimes. In years past, states have enacted slayer rules to prevent killers from inheriting from their victims. The specific criteria and applicability of slayer rules vary by jurisdiction. Recently, several states, including Washington, have expanded their slayer rules to disqualify persons from inheriting if they have been involved in abuse or financial exploitation of the deceased. Reviewed herein are the abuse disinheritance laws, the relationship of the laws to concepts of testamentary capacity and undue influence, and the relevance to forensic psychiatric evaluations.

The right to a trial without undue delay is guaranteed using identical language in the Rome Statute of the International Criminal Court (ICC), the statute of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). All three mirror the guarantee in the International Convention for Civil and Political Rights that all persons charged with crimes are entitled "to be tried without undue delay." This paper will examine the reason for a right to a trial without undue delay and its origin in national and international law. It also will show how these national guarantees serve as the basis of the international law guarantee of trial without undue delay and how that guarantee has played out in the international courts. Finally, this paper will examine reasons why the right of trial without undue delay arguably has been ignored and/or violated in the ICTY, the ICTR and the ICC due to long delays in completing the...

International contracts involving legal subjects between countries will affect the
law chosen by the parties. Electronic contracts are different than conventional
contracts in general. Prominent characteristics includevirtual, paperless and
borderless. Determination of legal choices cannot be made with a link-point
approach that is generally applicable to conventional transactions. The typical
e-commerce characteristics should be special treatment for special contracts. The
virtual nature that knows no national borders is difficult to determine in which
country the legal event takes place. Paperless nature often overrides accuracy in
transactions, especially with regard to legal choice clauses and forum choices.In
addition, another character is that electronic transactions are made in standard form
and are arranged for the purpose of take or leave it. Generally, business actors have
determined the choice of law and the choice of the forum. Electronic contracts
place consumers in a weak bargaining position (the weaker party). There are active
limitations in determining the legal choice clause, causing consumers not to have
an unequal bargaining power, giving rise to a fundamental paradigm shift in the
principle of freedom of contract from “party autonomy” to “one-sided autonomy”.
On this basis, the need for state intervention to provide legal protection in the form
of mandatory regulations as an exception to the contractual principle that is absolute
becomes relative, namely that the applicable law is not mutatis mutandis law that is
chosen by the parties but the law where habitual residence is.
Keywords: Consumer Protection; Choice of Law; Habitual Residence; Characteristic

In civil procedural law, the general principles of evidence assign the burden of proof to the plaintiff and defendant. However, disharmony with the principle of reverse evidence in resolving consumer disputes creates complexity, requiring harmonization to maintain legal certainty and consumer protection. The purpose of writing this research is: First, to identify the legal basis or legal ratio for the use of the principle of reverse evidence in resolving disputes in accordance with Article 28 of the Consumer Protection Law. Second, to seek understanding regarding the legal certainty provided by the application of the principle of reverse evidence in resolving consumer disputes. This research applies normative legal research using three approaches, namely statutory, conceptual and comparative law. The research results show that Reversal of the burden of proof in civil law systems, such as in the Netherlands, is based on the assumption that manufacturers are automatically responsible for consumer losses, making it easier for consumers to prove the manufacturer's wrongful act. The importance of a clear understanding of the principle of reverse evidence through training and outreach is highlighted, while the involvement of third parties in dispute resolution is considered to balance power between consumers and business actors. The existence of education and assistance programs for consumers is considered key to increasing understanding of their rights. The existence of education and assistance programs for consumers is considered key to increasing understanding of their rights. It is recommended that future legal construction plans focus on increasing legal certainty and the principle of audio et alterem partem. In addition, it emphasized the importance of strict rules and clear prohibitions to prevent detrimental practices by business actors in order to provide more effective protection to consumers who are often vulnerable.

In foreign legal systems and most of the international legal instruments such as the CISG and PECL, the legal will including rejecting the offer, accepting the offer or cancellation of the contract must be declared to the addressee and the mere composition and its declaration has no legal force before its reception by the addressee. But, in the law of Iran and under the influence of the surface of the Islamic law foundations, according to the predominant theory there is no need to inform the addressee about the composed will. For example, the theory of sending the acceptance is the criterion for the realization of the contract in the corresponding contracts, and the mere declaration of the intention to cancellation or rejection is considered to be enough in rejection or cancellation of the contract. This approach has brought with itself problems such as abuse of right, deliberate secrecy, expanding the scope of civil liability, increased risk of entering into large transactions, ignorance of conflicting transactions, fraud and the like. However, in order to make compatible the laws with the needs of the society and due to the necessity and expediency, the no-need-to-inform the addressee rule can be developed. Through using Article 40 of the Constitution, Articles 38 of the Code of Civil Procedure, and Articles 833 and 680 of the Civil Code and some of the views of Islamic jurists that have not yet been employed, a new rule can be made and move the legal system of Islam and the law of Iran in line with the globalization of law toward their progress and development.

Imamiyah jurists and Iranian legal experts have divided contracts into valid and invalid in terms of their effect and often, classified the unauthorized contract under the valid contracts. Comparative studies in recent years have led to the emergence of a new circumstance as voidable contracts in Iranian law. These contracts are considered to be valid and operated by the parties but they are voidable due to reasons such as mistake, duress or operation. Referring to some articles of the Commercial Code and Sea Act, the legal experts though consider the relative refutation to be in contradiction with the general rules of contracts, have still accepted them as a necessary and new establishment in specific cases. The authors, studying the reasons of the relative nullity in common law and comparing it with similar cases in Iranian law through a descriptive-analytic method,  have concluded that there is no necessity for discussion of the voidable contracts in Iranian law, common law and Roman-German law and contrary to what is taken certain, the claimed extensions are in line with the general rules of the contracts related to the unauthorized contracts and are justified.

The following material encompasses much – but not all – of an interview that was conducted by Dr. Len Ber of Targeted Justice --https://www.targetedjustice.com/ -- in late January of 2024 and which recently has been posted on YouTube at:

  (https://www.youtube.com/watch?v=heaOJAhD9Vo

For those who are unfamiliar with the term, “Targeted Individuals” are people who are being terrorized everyday of the week by: Various government agents, would-be overlords of the corporate sector, medical people who lack ethics and integrity, academic experimenters who care only about their careers, military black operatives, abusers of the policing system (on a federal, state, and local level), as well as independent contractors who are willing to torture people for a buck. These perpetrators use a variety of protocols governing wireless networks of energy that been  have established by the IEEE (Institute of Electrical and Electronics Engineers) and which have enabled unscrupulous, greedy, and self-serving individuals to subject people all over the world (estimated to consist of some 6,000,000 individuals) to programs (operated both through systems of artificial intelligence as well as manual apps on mobile phones, iPads, or computers) that seek to impose physical, emotional, and cognitive torture as well as mind-control programs on innocent people. The phenomenon of the Havana Syndrome is but one expression of the world-wide program of terror that is being run by people that many modalities of media are actively protecting and attempting to keep hidden from a more, wide-spread public awareness.

In the context of consent, "voluntariness" refers to a patient's right to make health care choices free of any undue influence. However, a patient's freedom to make choices can be compromised by internal factors such as pain and by external factors such as force, coercion and manipulation. In exceptional circumstances--for example, involuntary admission to hospital--patients may be denied their freedom of choice; in such circumstances the least restrictive means possible of managing the patient should always be preferred. Clinicians can minimize the impact of controlling factors on patients' decisions by promoting awareness of available choices, inviting questions and ensuring that decisions are based on an adequate, unbiased disclosure of the relevant information.

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Crédit Lyonnais Bank Nederland NV v Burch [1997] 1 All ER 144, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.

Background Compensating participants of biomedical research is a common practice. However, its proximity with ethical concerns of coercion, undue influence, and exploitation, demand that participant compensation be regulated. The objective of this paper is to discuss the current regulations for compensation of research participants in Malawi and how they can be improved in relation to ethical concerns of coercion, undue influence, and exploitation. Main text In Malawi, national regulations recommend that research subjects be compensated with a stipend of US$10 per study visit. However, no guidance is provided on how this figure was determined and how it should be implemented. While necessary to prevent exploitation, the stipend may expose the very poor to undue influence. The stipend may also raise the cost of doing research disadvantaging local researchers and may have implications on studies where income stipend is the intervention under investigation. We recommend that developmen...

The misuse of circumstances is one of the important factors that can invalidate the agreement's validity. Even though the parties have agreed on the agreement, if there is an orientation to abuse of circumstances, the agreement is null and void. This study aims to see the existence of abuse of circumstances associated with the principles of contract law. This research is legal research that tries to answer legal issues. Legal issues occupy a central position in a legal problem. This research uses a statutory and conceptual approach. Legal materials in this study include primary legal materials, namely: Civil Code/Burgerlijk Wetboek. Secondary legal materials include books, journal articles, study results and non-legal materials, including legal dictionaries. The analysis was carried out by conducting an inventory and analysis of the primary legal materials in the form of the Civil Code/Burgerlijk Wetboek to find prescriptions as legal recommendations. The study results confirm t...

What is at stake is the strength and effectiveness of the therapeutic alliance, since the perception, let alone the reality, of bias will likely erode trust and lead to a diminished response to the clinician and to treatment. Although pharmaceutical marketing practices have ...

The potential use of financial compensation to increase living kidney donation rates remains controversial in potentially introducing undue inducement of vulnerable populations to donate. This cross-sectional study assessed amounts of financial compensation that would generate motivation and an undue inducement to donate to family/friends or strangers. Individuals leaving six Departments of Motor Vehicles were surveyed. Of the 210 participants who provided verbal consent (94% participation rate), respondents' willingness to donate would not change (70%), or would increase (29%) with compensation. Median lowest amounts of financial compensation for which participants would begin to consider donating a kidney were $5000 for family/friends, and $10,000 for strangers; respondents reporting $0 for family/friends (52%) or strangers (26%) were excluded from analysis. Median lowest amounts of financial compensation for which participants could no longer decline (perceive an undue induce...

Between 2010 and 2015 the Liberal Party of Australia and the Queensland Liberal National Party accepted over two million dollars in political donations from mining companies seeking approval for six highly controversial mining projects in Queensland. While these companies sought approval and legislative changes primarily from the then Liberal National Party Queensland Government, most of the money donated by these companies went to the Liberal Party of Australia. The Queensland Liberal National Party accepted $308,000 dollars from companies associated with these projects, while the Liberal Party of Australia accepted $1.75 million. Although we know that over $3 million dollars was transferred from the Liberal Party of Australia to the Queensland Liberal National Party over this period, a lack of disclosure and transparency makes it impossible to discern the origin of these donations. At least one of the companies examined in this report made a substantial donation to the highly cont...

This chapter examines the law governing security interests that can exist in land, with particular emphasis on the legal charge by way of mortgage in the social setting of home ownership. It first considers the four different types of security interest that can exist in land — the pledge, the lien, the mortgage, and the equitable charge — before discussing the equity of redemption and its significance into the realm of the legal charge by way of mortgage. It then explains the rights and powers of the lender on the enforcement of the security and the ways in which the law seeks to protect the borrower as the more vulnerable party during the course of the mortgage transaction. It also explores the principle of procedural fairness in transactions involving surety mortgages, focusing on the concept of undue influence, and concludes with an analysis of regulatory control of mortgage terms.

The High Court in Yerkey v Jones considered the enforceability of a guarantee provided by a married woman to secure her husband’s debts. Dixon J said that although the relationship of husband and wife did not give rise to a presumption of undue influence, the law had never been divested completely of ‘the equitable presumption of an invalidating tendency’. Dixon J’s formulation was essentially adopted by the majority justices in Garcia v National Australia Bank and their judgment thus represents the definitive endorsement of Dixon J’s view. Kirby J on the other hand rejected ‘the stereotype underlying Yerkey’, which he described as evidence of an ‘unprincipled discriminatory category’. This article advances the argument that the majority’s view of wives was stereotypical and accordingly would be inconsistent with the principles of contemporary sex discrimination laws which prohibit discrimination based on the assumption of stereotypical views. This inconsistency will be explored by ...