Part7 -Undue Influence / Duress

11.Johnny opened up a jewelry store.Shortly after opening a couple of guys came in the store and told him they needed to use his business to have "merchandise" shipped to him.The merchandise belonged to the men and the boxes contained drugs and handguns.They needed his store as a front.The men told him for his cooperation they would pay him $2,000/month.They also told him if he refused or if any of their merchandise turned up missing, his store would be burned to the ground.They told Johnny the deal was non-negotiable.Does this illustrate "duress" or "undue influence" or both?Explain the difference between duress and undue influence.

12.Bobby is 45 years old and has never married.His entire life has been spent living with his parents on the family farm.After his father died, his mother became more and more dependent on her son, Bobby, to help her out.First she signed a Power of Attorney allowing Bobby to do all her banking.

Over time Bobby suggested his mother put the family vehicles in his name ("Mom, it will be easier, okay?") especially since she did not drive much anymore.Bobby also suggested that his mother sign a deed that put the family farm (600 acres / $9,000/ acre / $5.4M) in his name alone.("Mom, it will be easier, okay?")

When Bobby's mother dies his brothers and sisters are shocked to learn the family farm and all their mother's property is owned by Bobby.Is this a situation that is more likely "undue influence" or "duress"?Explain why.