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Monthly Archives: December 2017

Undue Influence Presumption, In-Home Health Care Provider

Undue influence is a legal claim which may be used to void and invalidate a will, trust or other legal document. It occurs when an influencer substitutes his or her will for that of the party executing the estate document. As of this writing, the jury instruction regarding undue is more severe and is phrased […]

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Duress: Trusts & Contracts

Wills, trusts, contracts, deeds and other legal documents may be voided if they were executed under duress. As an initial matter, a duress claim is distinct from a claim to set aside a document based on undue influence, lack of capacity or fraud.  To make a successful claim for duress, the plaintiff must prove that […]

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Substantial Performance, Contract Litigation

The traditional rule regarding contracts is that all parties must follow the terms of the contract or agreement precisely. In certain occasions, though, a party may “substantially perfrom” under a contract without being liable for breach of contract.  In the absence of an express provision in a contract requiring precise, literal compliance, substantial compliance of […]

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Aiding and Abetting

Though relatively rare, “aiding and abetting” can also result in civil liability. In Missouri, for harm resulting to a third person from the tortious conduct of another, one is subject to liability if he or she knows that the other’s conduct contitutes a breach of duty and gives substantial assistance or encouragement to the other. Bradley […]

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