Welcome

Welcome to my Law blog specifically intended as an aid to law students. I will post comments and white papers, from time to time, and I am happy to carry on conversations with students who are in need of help in law school.


I am most conservative and appropriate in my approach so if you comment and/or have questions to ask, please do so with an equal degree of appropriateness.



I am a Professor of Law at Concord Law School, an Internet Law School located in Los Angeles, though I live, teach and otherwise work out of Lakewood, Colorado, resting up against the foothills just west of Denver.

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I have no set schedule of posting, but I hope you will check in from time to time.

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Tuesday, March 16, 2010

9 - Contracts – Formation (Defenses-Undue Influence)

9 - Contracts – Formation (Defenses - Undue Influence)

PLEASE NOTE THAT THE FOLLOWING IS TAKEN FROM SOME OF MY CLASS NOTES, SOME OF WHICH IS MY OWN PERSONAL WORK AND SOME OF WHICH BELONGS TO CONCORD LAW SCHOOL.  IT IS POSTED TO HELP MY IL STUDENTS IN PARTICULAR.  IT CANNOT BE DISSEMINATED WITHOUT EXPRESS, WRITTEN PERMISSION.

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
© 2010. Douglas S. Holden. All Rights Reserved.

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