Also known as: dominatio · control · exercise of dominion
Written by attorneys · grounded in primary & secondary sources — see below
A relationship in which one person exercises power or control over another so as to displace the controlled party's independent judgment or free will.
Destiny Davis endured years of financial and emotional domination by her spouse, who displaced her independent judgment on every daily decision. One evening the spouse's latest demand triggered an immediate violent response. The sudden passion that overtook Destiny satisfied the ordinary-person standard for adequate provocation.
Dover Bank sued Dixon Foods for breach of a supply contract. In its initial disclosures Dover listed every internal memorandum showing that Dixon's officers had exercised domination over subordinate employees, displacing their independent judgment on delivery schedules. Those documents revealed the extent of the domination that produced the disputed shipments.
Select any source to read its text and confirm it supports the definition.
After a patron slipped on a wet floor, Duarte Shipping's manager exercised domination over maintenance staff, displacing their judgment about floor safety. At trial the plaintiff sought to introduce subsequent mats to prove the original condition. The court excluded the evidence because it was offered to show culpable conduct rather than to impeach a witness.
During a sentencing hearing Judge Dunn exercised domination over courtroom staff, displacing their independent judgment about impartial treatment. Defense counsel moved to disqualify the judge, arguing that the comments manifested bias that violated the judge's duty of impartiality.
Decker Electronics hired a sales representative but exercised domination that displaced the representative's independent judgment on pricing and daily reports. The company retained authority to approve every decision. That domination established an agency relationship rather than an independent-contractor arrangement.
Deborah Dunn leased an apartment where the landlord exercised domination over the lobby and stairwells, displacing tenants' judgment about safety. When a tenant tripped on a broken step, the landlord's obligation to keep the area safe was triggered by its retained domination over that space.
The contestant must show that the alleged influencer held a position of control that overcame the testator's free will and caused the contested disposition. Dependence, isolation, and active procurement of the will are relevant circumstances but are not conclusive by themselves.
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No. A confidential relationship creates an opportunity for influence but does not automatically prove that the influencer displaced the donor's independent judgment. Additional facts showing actual overbearing of will are required.
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Domination involves gradual control that erodes free will over time, whereas duress requires a wrongful threat or act that immediately coerces the transfer. Both invalidate the transfer, but the mechanisms of pressure are distinct.
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…by the President. Many duties assigned by this act are of a public nature and the Secretary is bound to perform them without the control of any person. While the Secretary remains in office the President cannot take from his custody the seal of the United States nor prevent him from recording and affixing the seal to civil…