Tuesday, March 16, 2010
9 - Contracts – Formation (Defenses-Undue Influence)
9 - Contracts – Formation (Defenses - Undue Influence)
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Last time in contracts, we looked at the defense of duress. Now we move on to undue influence.
Undue Influence: Simply stated, undue influence is any improper or wrongful constraint or urgency of persuasion whereby the will of the party is overpowered. Many states require a breach of fiduciary relationship. California does not. The remedies for undue influence are cancellation, avoidance and restoration to the status quo.
Next time in contracts we’ll look at the defense of the Statute of Frauds.
Professor Doug Holden
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