* * * It is recognized that expressions of opinion on quality, value or otherwise may be considered misrepresentations of the facts, i.e. the mental state of the speaker, if there is a fiduciary relationship between the parties, such as representations of value by a real estate agent to his principal; or if the parties do not have equal rights and do not have the same knowledge or resources. The concept of undue influence is closely related to the concept of coercion. The undue influence objection was raised in a fair court as a ground for setting aside a transaction imposed by a dominant party through a bonded party. Undue influence involves the use of overly persuasive negotiation tactics aimed at overcoming the will of one party. There are two broad categories of undue influence. First and foremost, Article 497 of Restatement states that a party is unfairly using a dominant psychological position to induce the submitting party to accept an agreement that it would not have otherwise accepted. In the second case, one party uses a position of trust to unfairly persuade the other party to enter into a transaction. In reality, the exploited party does not exercise its free will when concluding a contract. Many allegations of undue influence arise after the death of the person who was allegedly inappropriately influenced. In this scenario, the deceased`s parents will typically attempt to revoke a will or transfer or gift of property between living people as part of a so-called “will.” The decision of the Court of First Instance was set aside. The defendant, Plains Life Insurance Company, was not required to pay the claim for $10,000 for uninsured motorists or $500 for medical coverage because Hazel Gales made a material misrepresentation of facts in completing the application on the basis of which her insurance policy was issued. The court ruled that there was no real consent from the insurance company to insure Gales in these circumstances.
An insurance contract has never been concluded. The defendants argue here that the plaintiff did not provide sufficient evidence to support fraudulent statements intended to induce the plaintiffs to enter into the contract of sale of the property. In most cases, the scientist is found in the words or actions of a party. An important question arises: when can silence be a basis for a fraud claim? “* * * A statement made by a party who has * * * * superior knowledge may be regarded as a finding of fact, although it shall be regarded as an opinion if the parties were acting on an equal footing.” According to the court, if an innocent misrepresentation has occurred, the innocent party can terminate the contract, but cannot claim damages for the innocent misrepresentation. In other jurisdictions, if a court finds that fraud or misrepresentation has been committed, the innocent party may be allowed to terminate the contract and be restored to its original condition before the contract, but may also seek damages. Damages are calculated on the basis of the difference between the value of the item as presented or promised in the contract and the value of the item received by the innocent party. In addition, an innocent party may, in certain circumstances, seek punitive damages to punish the party who committed fraud (but not misrepresentation) for his misconduct. In many cases, the actual damage is tripled to put this perspective into perspective. It was reasonable to assume in this case that the defendants had a “superior knowledge” of whether the plaintiff had “dance potential” and whether she was significantly improving in the art of terpsichore. It would be reasonable to conclude from the plaintiff`s incessant assertions that the flowery praise showered them with the defendants as a prelude to the commission of additional lessons for 1944 in order to attain the rank of bronze standard, from there in the brackets of the silver standard, from there to the class of the gold standard. And finally, at the top of a lifetime member of the studio, there was as much or more desire to “ring the doorbell” than any honest or realistic assessment of their dancing skills or a factual account of their progress. She was constantly subjected to exaggerated flattery and flattery.