Difference between duress and undue influence

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Case: Britney Spears is a well known entertainer. In 2021, there has been much coverage in the media about the fact that a California court placed her in a conservatorship in 2008 and that legal arrangement remained in place for 13 years. A conservatorship (also known as guardianship in other states) comes into existence when a judge decides that an adult (the conservatee) cannot take care of themselves or manage their own finances and appoints another adult (the conservator) to take over those responsibilities. California law states that a conservatorship may be appointed for "a person who is substantially unable to manage his or her own financial resources or resist fraud or undue influence." Read or listen to Spears' testimony about why she is challenged the conservatorship.

Question 1. Describe the difference between duress and undue influence and what effect each has on the enforceability of a contract.

Question 2. What parts of Spears' testimony describe actions that would amount to duress?

Question 3. Assuming that Spears' statements are accurate, do you think seemed more vulnerable to undue influence than the average person so that she needs a conservator? Explain your answer.

Reference no: EM133287984

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