Coercive Psychological Systems
U.S laws prohibit any kind of coercion, fraud or undue influence in obtaining a consent.
Below are the legal definitions of these terms.
Coercion: Compelled to compliance; constrained to obedience, or submission� Compelling by force� may be actual, direct� as where one party is constrained by subjugation to another to do what [her] free will would refuse�
Informed Consent: A person�s agreement to allow something to happen that is based on a full disclosure of facts needed to make the decision intelligently.
Fraud: An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to [her] or to surrender a legal right. A false representation of matter of fact, whether by words of by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that [she] shall act upon it to [her] legal injury. Anything calculated to deceive by single act or combination , or by suppression of truth, or suggestion of what is false, whether it be by direct falsehood or innuendo, by speech or silence, word of mouth, or look or gesture.
Undue Influence: Persuasion, pressure, or influence short of actual force, but stronger than mere advice, that so overpowers the dominated party�s free will or judgment that [she] cannot act intelligently and voluntarily, but acts, instead, subject to the will or purposes of the dominating party.
� urgency of persuasion whereby the will of a person is overpowered and [she] is induced to do or forbear an act which [she] would not do or would do if left to act freely� Misuse of position of confidence or taking advantage of a person�s weakness, infirmity, or distress to change improperly that person�s actions or decisions.
�conduct by which a person, through his power over mind of testator, makes the latter�s desires conform to his own, thereby overmastering the volition of the testator� For purposes of executing instruments, such exists when there was such dominion and control exercised over mind of person executing such instruments, under facts and circumstances then existing, as to overcome [her] free agency and free will and to substitute will of another so as to cause [her] to do what [she] would not otherwise have done but for such dominion and control.
Conflict Of Interest: �The Code of Professional Responsibility and Model Rules of Professional Conduct set forth standards for actual or potential conflicts of interest between attorney and client. Generally, when used to suggest disqualification of a public official from performing his sworn duty, term �conflict of interest� refers to a clash between public interest and the private pecuniary interest of the individual concerned.
Duress: Coercion used by a person to induce another to act (or refrain from acting) in a manner [she] otherwise would not (or would). Subjecting person to improper pressure which overcomes [her] will and coerces [her]to comply with demand to which [she] would not yield if acting as free agent.
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