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To determine the degree of intimidation the age sex

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To determine the degree of intimidation, the age, sexand condition of the person shall be borne in mind.A threat to enforce one's claim through competentauthority, if the claim is just or legal, does not vitiateconsent. (1267a)g.Duress is that degree of constraint or danger eitheractually inflicted (violent) or threatened and impending(intimidation), sufficient to overcome the mind and will of aperson of ordinary firmness.h.Violence refers to physical force or compulsion, whileintimidation refers to moral force or compulsion.i.Requisites of violence: 1) That the physical forceemployed must be irresistible or of such degree that thevictim has no other course, under the circumstances, but tosubmit; and 2) that such force is the determining cause ingiving the consent to the contract.j.Requisites of intimidation: 1) that the intimidationmust be the determining cause of the contract, or must havecaused the consent to be given; 2) that the threatened act beunjust or unlawful; 3) that the threat be real and serious,there being an evident disproportion between the evil and theresistance which all men can offer; and 4) that it produces areasonable and well-grounded fear from the fact that theperson from whom it comes has the necessary means orability to inflict the threatened injury.Art. 1336. Violence or intimidation shall annul theobligation, although it may have been employed by athird person who did not take part in the contract.(1268)Art. 1337. There is undue influence when a persontakes improper advantage of his power over the will ofanother, depriving the latter of a reasonable freedom ofchoice. The following circumstances shall beconsidered: the confidential, family, spiritual and otherrelations between the parties, or the fact that thepage38Downloaded by Anya Joy ([email protected])lOMoARcPSD|9866653
OBLIGATIONS AND CONTRACTSREVIEWERperson alleged to have been unduly influenced wassuffering from mental weakness, or was ignorant or infinancial distress. (n)In intimidation, there must be an unlawful or unjust actwhich is threatened and which causes consent to be given,while in undue influence there need not be an unjust orunlawful act. In both cases, there is moral coercion.Moral coercion may be effected through threats,expressed or implied, or through harassing tactics.Undue influence is any means employed upon a partywhich, under the circumstances, he could not well resist, andwhich controlled his volition and induced him to give hisconsent to the contract—which otherwise he would not haveentered into.A contract of adhesion is one in which one of the partiesimposes a ready-made form of contract, which the otherparty may accept or reject, but which the latter cannotmodify. These are contracts where all the terms are fixed byone party and the other has merely “to take it or leave it.”A contract of adhesion is construed strictly against theone who drew it. Public policy protects the other party againstoppressive and onerous conditions.

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Term
Fall
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