Poster: Identifying Norms in the Parent-Child Relationship - a Relational Theory Analysis of Presumed Undue Influence
The essay this poster summarized examines what kinds of transactions between parent and child will be set aside by courts due to presumed undue influence. Through close analysis of both historical cases of parents influencing just-adult children and modern cases of adult children influencing elderly parents, I found that ordinary motives such as love, gratitude, guilt, or genuine family benefit are generally accepted, while gifts that leave an elderly parent without adequate resources for future care are usually set aside, though blood ties afford somewhat greater latitude than other relationships of influence. The findings also reveal that these norms shift across time and culture, leading the author to recommend that courts apply a practical, qualitative standard when assessing emotional motivations and approach earlier authorities and cross-cultural differences with caution rather than rigid application.
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