Similar to duress, a court will find undue influence was exercised when someone who shares a special trust with the victim, uses that trust to persuade them into signing (or not to sign) a contract. It is essentially an abuse of the victim’s confidence and trust. Courts will protect a person who is found to have been unduly influenced. Some special relationships creating trust and confidence include but are not limited to: - Husband-Wife
- Attorney-Client
- Doctor-Patient (Including Psychiatrist-Patient)
A party to a contract can escape contractual obligations if it can show that it agreed to enter into a contract because of another’s undue influence. A contract is “voidable” when a victim enters into it under the undue influence of another. This means that the victim has the option of canceling that contract . Undue influence requires coercive persuasion beyond giving friendly advice and flattery. For example, when someone gives in to another’s continual requests and pleas just so she can be left alone, a court may find undue influence. Furthermore, threats never to see a person again and defamation may also be grounds for undue influence. Should I Contact a Contracts Lawyer for an Undue Influence Issue?
A contracts lawyer will better be able to identify if you are a victim of undue influence and navigate you through the complex legal process. A qualified attorney could recommend an appropriate course or action to protect your legal interests. |
