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← 278 N.C. 181 - Link v. Link

Link v. Link’s Empirical Analysis

1971

Citation profile

222
cited by 222 later decisions
6
states following
May 2022
most recently cited

2 federal appellate · 2 district · 197 state decisions

How this case has been cited

Cited by 222 later decisions — most recently May 2022 · most notably Dalton v. Camp (2001), Forbis v. Neal (2007)

2 federal appellate · 2 district · 197 state decisions

770197119801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Vail v. Vail · Abbitt v. . Gregory · Rhodes v. Jones · Eubanks v. Eubanks · Rural Plumbing & Heating, Inc. v. H. C. Jones Construction Co.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 222 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Duress exists where one, by the unlawful act of another, is induced to make a contract or perform or forego some act under circumstances which deprive him of the exercise of free will.”
    16 later decisions quote this exact passage
  2. “"[An] act done or threatened may be wrongful even though not unlawful, per se; and that the threat to institute legal proceedings, criminal or civil, which might be justifiable, per se, becomes wrongful within the meaning of this rule if made with the corrupt intent to coerce a transaction grossly unfair to the victim and not related to the subject of such proceedings.””
    9 later decisions quote this exact passage
  3. ““Any influence brought to bear upon a person entering into an agreement or consenting to a disposal of property, which, having regard to the age, capacity of the party, the nature of the transaction, and all the circumstances of the case, appears to have been such as to preclude the exercise of free and deliberate judgment, is considered by courts of equity to be undue influence, and is a ground for setting aside the act procured by its employment.” Pollock on Contracts, 524. “Where there is no coercion amounting to duress, but a transaction is the result of a moral, social or domestic force exerted upon a party, controlling the free action of his will and preventing any true consent, equity may relieve against the transaction on the ground of undue influence, even though there may be no invalidity at law. In the vast majority of instances, undue influence naturally has a field to work upon in the conditions or circumstances of the person influenced, which renders him peculiarly susceptible and yielding; his dependent or fiduciary relation towards the one exerting the influence, his mental or physical weakness, his pecuniary necessities, his ignorance, lack of advice, and the like.” Pomeroy, Equity Jurisprudence, 951.”
    2 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.