scholarly journals Undue Influence as a Family Affair

2010 ◽  
Vol 2 (1) ◽  
pp. 1-23
Author(s):  
Bonnie Lashewicz ◽  
Norah Keating ◽  
Jack Phelan
Keyword(s):  
Adult Child ◽  
Care Recipient ◽  
Parent Care ◽  
Undue Influence ◽  
Legal Doctrine ◽  
Vulnerable People ◽  
Sharing Responsibility ◽  
The Relationship ◽  
Recipient Parent ◽  
Sibling Experience

Siblings sharing responsibility for parent care, and entitlement to parent assets, are sometimes dissatisfied with how their parents’ estates are distributed following a period of care to the parent. Such dissatisfaction can be advanced through legal claims by some siblings that other siblings, during the course of giving care, exerted undue influence over the parent to obtain their assets. The Canadian legal doctrine of undue influence directs attention to what transpired between two parties in the interest of protecting vulnerable people from having to honor arrangements to which they did not truly consent. In these cases, the focus is on the relationship between a sibling as an adult child, and the now deceased care recipient parent. At the same time, these cases reflect expectations and dynamics among siblings relative to each other. In this paper, a family, rather than dyadic, perspective is employed to illuminate elements of undue influence claims that are relevant to the sibling experience of giving care and sharing assets. We thus expand on understandings of dyadic issues addressed by the courts.

ADMINISTRATIVE AND LEGAL STATUS OF THE CAPITAL OF UKRAINE - THE HERO CITY OF KYIV AS A GUARANTEE OF THE RIGHTS OF CITIZENS OF UKRAINE AND THE TERRITORIAL COMMUNITY OF THE CITY

2017 ◽  
Author(s):  
Oleksii Chepov ◽  
Keyword(s):  
Legal Status ◽  
Modern World ◽  
Legal Regime ◽  
Legal Doctrine ◽  
City Councils ◽  
The Social ◽  
District Management ◽  
Definition Of ◽  
The Relationship ◽  
The City

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.

III. Competition

1996 ◽  
Vol 45 (1) ◽  
pp. 226-230
Author(s):  
Karl Newman ◽  
Christopher Harding
Keyword(s):  
Competition Law ◽  
Good Deal ◽  
National Courts ◽  
Transport Services ◽  
Court Of Justice ◽  
National Competition ◽  
Sharing Responsibility ◽  
Group Exemption ◽  
Court Of First Instance ◽  
The Relationship

In the period covered by this note (early 1994 to the middle of 1995) some signifi cant and interesting judgments have been handed down by the Court of Justice and the Court of First Instance on both substantive and procedural issues of competition law, in particular that of the Court of Justice in the Magill case, which deals with the relationship between Article 86 and intellectual property rights. In the legislative field there is now a group exemption on the operation of liner transport services. As regards general problems of enforcement, the Commission's 1993 Notice on Co-operation between National Courts and the Commission1 has provoked a good deal of discussion and a number of commentators and also the Commission itself are now advocating sharing responsibility for enforcement with national competition authorities rather than relying on the direct effect of Articles 85(1) and 86 being invoked before national courts.2

scholarly journals A profile of Australian mental health carers, their caring role and service needs: results from the 2012 Survey of Disability, Ageing and Carers

2018 ◽  
Vol 28 (6) ◽  
pp. 670-681 ◽  
Author(s):  
S. Diminic ◽  
E. Hielscher ◽  
M. G. Harris ◽  
Y. Y. Lee ◽  
J. Kealton ◽  
...  
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Physical Health ◽  
Emotional Support ◽  
Service Use ◽  
Adult Child ◽  
Household Survey ◽  
Care Recipient ◽  
Service Needs ◽  
Formal Service

AbstractAimsPlanning mental health carer services requires information about the number of carers, their characteristics, service use and unmet support needs. Available Australian estimates vary widely due to different definitions of mental illness and the types of carers included. This study aimed to provide a detailed profile of Australian mental health carers using a nationally representative household survey.MethodsThe number of mental health carers, characteristics of carers and their care recipients, caring hours and tasks provided, service use and unmet service needs were derived from the national 2012 Survey of Disability, Ageing and Carers. Co-resident carers of adults with a mental illness were compared with those caring for people with physical health and other cognitive/behavioural conditions (e.g., autism, intellectual disability, dementia) on measures of service use, service needs and aspects of their caring role.ResultsIn 2012, there were 225 421 co-resident carers of adults with mental illness in Australia, representing 1.0% of the population, and an estimated further 103 813 mental health carers not living with their care recipient. The majority of co-resident carers supported one person with mental illness, usually their partner or adult child. Mental health carers were more likely than physical health carers to provide emotional support (68.1%v.19.7% of carers) and less likely to assist with practical tasks (64.1%v.86.6%) and activities of daily living (31.9%v.48.9%). Of co-resident mental health carers, 22.5% or 50 828 people were confirmed primary carers – the person providing the most support to their care recipient. Many primary mental health carers (37.8%) provided more than 40 h of care per week. Only 23.8% of primary mental health carers received government income support for carers and only 34.4% received formal service assistance in their caring role, while 49.0% wanted more support. Significantly more primary mental health than primary physical health carers were dissatisfied with received services (20.0%v.3.2%), and 35.0% did not know what services were available to them.ConclusionsResults reveal a sizable number of mental health carers with unmet needs in the Australian community, particularly with respect to financial assistance and respite care, and that these carers are poorly informed about available supports. The prominence of emotional support and their greater dissatisfaction with services indicate a need to better tailor carer services. If implemented carefully, recent Australian reforms including the Carer Gateway and National Disability Insurance Scheme hold promise for improving mental health carer supports.

Social Movements and the Legal Field: Becoming-Constituent

2019 ◽  
Vol 22 (1) ◽  
pp. 376-393 ◽  
Author(s):  
Xenia Chiaramonte
Keyword(s):  
Social Movements ◽  
Social Movement ◽  
Legal Theory ◽  
Constitutional Change ◽  
Legal Doctrine ◽  
Theoretical Understanding ◽  
Cause Lawyering ◽  
Legal Understanding ◽  
The Relationship

The relationship between social movements and the legal field is controversial and complex. This paper begins by recognizing that the concept of social movement does not belong to legal doctrine and then synthetically reconstruct the relevance of it for a legal understanding. In fact, even if this concept is not formally taken into account by constitutions or by legal codes, a socio-legal approach underscores the need for the comprehension and inclusion of collective phenomena into legal theory. First, the paper explores the way in which ‘social movement’ has been taken up and translated in the legal field through the concept of social change and constitutional change. Second, this research goes through various cases in which social movements use law strategically, from the phenomenon of cause lawyering to the litigation strategy. Finally, it stands for a theoretical understanding of the role of social movements in legal theory as a lively expression of ‘becoming-constituent’.

14. Duress and undue influence

2018 ◽  
Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins ◽  
Jens Krebs
Keyword(s):  
Decision Making ◽  
Consumer Protection ◽  
Economic Interest ◽  
Undue Influence ◽  
Relationship Of ◽  
The Relationship ◽  
Do So

This chapter looks at the effect of duress or undue influence on the making of a contract. The difficulty is identified of distinguishing hard bargaining from economic duress, when the ‘threat’ is to the economic interest of the party ‘threatened’. This raises the question of what amounts to an illegitimate threat; whether a threat which is not otherwise legally labelled as wrongful will suffice, and whether all threatened breaches of contract do so. The question also arises as to a test of a ‘reasonable’, or ‘practical’, alternative to agreeing. Undue influence is concerned with the surrender of decision making because of the relationship of the parties whether through domination or trust. The presumptions that arise in relation to undue influence, and when they arise, are examined. Consideration is given to the treatment of aggressive and misleading trade practices under the Consumer Protection from Unfair Trading Regulations (as amended by the Consumer Protection (Amendment) Regulations 2014).

18. Undue influence

2018 ◽  
Author(s):  
Paul S. Davies
Keyword(s):  
Typical Case ◽  
Undue Influence ◽  
The Relationship

This chapter examines ‘undue influence’. In a typical case, C claims that a transaction should be set aside because he reposed trust and confidence in D, and the influence that D had upon C was exerted in a way which was ‘undue’. The effect is to render a contract voidable such that it can be rescinded. The basis of undue influence is controversial: it has been argued both that undue influence is based upon D’s exploitation of the relationship, and that the focus is solely upon C’s impaired consent. There are two ways of proving undue influence, which explains actual undue influence and presumed undue influence. Actual undue influence is distinct, though there are overlapping areas, from duress since there is no need to prove a threat or illegitimate pressure. Presumed undue influence requires C to prove that C placed trust in D and that the transaction calls for explanation.

Mediating Effects of Social Support on Caregiver Burden and Quality of Life for Compound and Noncompound Caregivers

2020 ◽  
pp. 104438942094722
Author(s):  
Christina N. Marsack-Topolewski
Keyword(s):  
Quality Of Life ◽  
Social Support ◽  
Caregiver Burden ◽  
Adult Child ◽  
Autism Spectrum ◽  
Mediating Effect ◽  
Informal Social Support ◽  
More Care ◽  
The Relationship

This study sought to explore the mediating effect of informal social support on the relationship between caregiver burden and quality of life among compound and noncompound caregivers. Parents ( N = 320) completed a web-based survey aimed to examine effects of caring for an adult child with autism spectrum disorder. Results of the mediation analysis suggested that informal social support partially mediated the relationship between caregiver burden and quality of life for both groups. Informal social support appears to be more impactful for noncompound caregivers compared with compound caregivers based on a greater reduction in explained variance. These results highlight the importance of informal social support as caregivers juggle ongoing challenges to provide care to one or more care recipients.

Informal Caregiving and All-Cause Mortality: A Meta-Analysis of Longitudinal Population-Based Studies

2019 ◽  
pp. 073346481989360 ◽  
Author(s):  
Nader Mehri ◽  
Jennifer Kinney ◽  
Scott Brown ◽  
Mahdie Rajabi Rostami
Keyword(s):  
Daily Living ◽  
Meta Analysis ◽  
Informal Caregiving ◽  
Population Based ◽  
Care Recipient ◽  
International Studies ◽  
Analysis Model ◽  
Stress Theory ◽  
All Cause Mortality ◽  
The Relationship

Using the random-effects meta-analysis model, we investigated the effect of informal caregiving on all-cause mortality across 12 longitudinal population-based studies (seven United States; five international: United Kingdom, Northern Ireland [2], Japan, and Australia). Across the studies, the combined effect of informal caregiving on all-cause mortality was 16% lower in favor of caregivers. Subgroup analyses revealed that the relationship between informal caregiving and all-cause mortality was not significant among the U.S. studies, in contrast to the international studies. Also, the mortality advantage of informal caregivers was not evident among those studies in which informal caregiving was operationalized precisely (Activity of Daily [ADL]/Instrumental Activity of Daily Living [IADL] assistance) as opposed to more broadly. Furthermore, studies in which the kinship tie between the informal caregiver and care recipient was unspecified tended to find a mortality advantage in favor of caregivers. When covariates were considered, the results of this meta-analysis provided more support for stress theory than the healthy caregiver hypothesis.

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