Bibliographic record
Abstract
Despite centuries of the common law more or less recognizing the distinction between actual and presumed undue influence, recent cases from the House of Lords and Supreme Court of Canada indicate a failure to appreciate the true nature of presumed undue influence and its connection to fiduciary law. As such, an appropriate legal test for presumed undue influence is still required. Through an examination and critique of leading case law and academia on the conventional fiduciary obligation, deferential trust, and the two types of undue influence, this article makes a case for the adoption of fiduciary influence as the appropriate test for deferential trust. The circumstances that can give rise to fiduciary influence are infinitely variable; however, courts must determine whether, on the facts, the trusted party acquired influence for the limited and defined purpose of acting in the trusting party’s interest at the time of the impugned transaction.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.008 | 0.020 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.001 |
| Science and technology studies | 0.005 | 0.040 |
| Scholarly communication | 0.005 | 0.008 |
| Open science | 0.003 | 0.005 |
| Research integrity | 0.009 | 0.007 |
| Insufficient payload (model declined to judge) | 0.006 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".