(192) Influencing the testator typically takes the form of overpersuasion
or coercion sufficient to destroy the free agency of the testator.
(83) And a very recent review has found that the long-alleged susceptibility of jurors to overpersuasion by neuroscience evidence has "little empirical support." (84)
As a result, it should come as little surprise that we know from the research that people become less gullible and less prone to overpersuasion when there is an opportunity for opposing parties to challenge experts and their expertise.
(376) Reform undertaken in this more transparent manner would invite a balancing of deterrence and punishment objectives with the risk that punitive damages might aggravate the problem of strike suits or magnify the cost of error in policing the murky line between permissible persuasion and impermissible overpersuasion. A danger of Realist tort is that it invites thoughtless imposition of punitive damages for no reason other than the disappointed beneficiary's choice to plead his claim in tort.
Undue influence involves "excessive and unfair persuasion, sufficient to overcome the free will of the transferor, between parties who occupy either a confidential relation or a relation of dominance on one side and subservience on the other." (383) The concept is meant to capture "overreaching" and "overpersuasion" (384) forms of mistreatment that are less overtly coercive than fraud or force or threat of force.
1919), the court states that "[u]ndue influence comprehends overpersuasion
, coercion, or force that destroys or hampers the free agency and will power of the testator." The court later expanded on this definition in In re Starr's Estate, 170 So.
A voluntary confession, in the context of criminal proceedings, is only considered voluntary if given, "freely, with full knowledge of its nature and consequences" and is not obtained through, "overpersuasion
, coercion, or compromise of benefit." (152) Consistently, voluntary waivers of constitutional rights must be "knowing and intelligent." (153) Applying these criteria to pregnancy schools, enrollment is only voluntary if pregnant and parenting students are fully cognizant of all the educational options available to them and their decisions are made without overpersuasion
, coercion, or compromise of their educational benefits.
You have just been telling me how much you like to be conquered, and, how pleasant overpersuasion
is to you.
Undue influence involves the combination of overpersuasion
by one party and vulnerability on the part of the other.(167) A party often is vulnerable because of the emotional strain of an impending marriage, caused by both the event itself and the stress that often comes with its planning.