Understanding Undue Influence Elements

Undue influence in law refers to situations where one person uses their position of power or trust to unfairly persuade another person, compromising their free will. To identify the parts of undue influence, we need to evaluate each statement:

Statement Analysis

• Statement (a): Inability to dominate will of other. This is incorrect. Undue influence requires the *ability* of one party to dominate the will of another.
• Statement (b): A party unduly influencing and another party being unduly influenced are on equal footing. This is incorrect. Undue influence usually arises when the parties are *not* on equal footing, with one holding a dominant position.
• Statement (c): A relationship involving trust and confidence. This is a key aspect. Undue influence often occurs in relationships where one party relies heavily on the trust and confidence they place in the other (e.g., fiduciary relationships).
• Statement (d): In a relationship, one party is a person in mental distress. This is also correct. A person suffering from mental distress, illness, or even age-related weakness can be more susceptible to undue influence because their ability to make independent decisions is impaired.

Conclusion on Undue Influence

Based on the analysis, statements (c) and (d) accurately describe conditions related to undue influence. Therefore, the correct combination is (c) and (d) only.