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    Nathaniel Castillo
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    To determine if undue influence exists, one should consider the relationship between parties, any mental weakness or ignorance, and financial distress. There are two kinds of casual fraud: misrepresentation with intent to defraud and fraud by concealment, which is the failure to disclose important facts when there is a duty to reveal them, such as in confidential relationships. Mere exaggerations in trade are not fraudulent if the other party can know the facts, and expressions of opinion alone do not constitute fraud.

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    To determine if undue influence exists, one should consider the relationship between parties, any mental weakness or ignorance, and financial distress. There are two kinds of casual fraud: misrepresentation with intent to defraud and fraud by concealment, which is the failure to disclose important facts when there is a duty to reveal them, such as in confidential relationships. Mere exaggerations in trade are not fraudulent if the other party can know the facts, and expressions of opinion alone do not constitute fraud.

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    6 views1 page

    1339

    Uploaded by

    Nathaniel Castillo
    To determine if undue influence exists, one should consider the relationship between parties, any mental weakness or ignorance, and financial distress. There are two kinds of casual fraud: misrepresentation with intent to defraud and fraud by concealment, which is the failure to disclose important facts when there is a duty to reveal them, such as in confidential relationships. Mere exaggerations in trade are not fraudulent if the other party can know the facts, and expressions of opinion alone do not constitute fraud.

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    To determine if there is undue influence, you may take into consideration the following:

     Confidential, family, spiritual and ither relations between the parties,


     Mental weakness or ignorance
     Financial distress of the person alleged to have been unduly influence
     
     Casual fraud are of two kinds:
    o Misrepresentation in words and action with intent to defraud
    o Fraud by concealment
    Art 1339
     Fraud by concealment (To hide)
     Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by
    confidential relations, constitutes fraud.
     
    Art 1340
     The usual exaggerations in trade, when the other party had an opportunity to know the facts,
    are not in themselves fraudulent.
     
    Art 1341
     Mere expression of an opinion/expert opinion
     
    Art 1342
     Fraud by a third person

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