Asked by
Hunter Courtney
on Nov 29, 2024Verified
Attorney Geraldine advises her client, Rick, to enter a contract, which ultimately would have benefited Geraldine but not Rick. The test of whether the contract, if entered, is voidable based on undue influence is whether Geraldine's advice would have dominated the thinking of an ordinary, reasonable person rather than whether it dominated Rick's mind or emotions.
Undue Influence
An improper or unlawful exercise of power by one person over another to compel that person to act against his or her will, often seen in contractual or testamentary contexts.
Voidable
A term used for contracts or agreements that are valid until they are canceled or nullified by one party due to certain reasons.
Ordinary, Reasonable Person
refers to a hypothetical individual in law whose behavior would be considered typical or normal in any given circumstances, used as a standard of comparison.
- Understand the meaning and implications of excessive persuasion in contractual agreements.
Verified Answer
HM
Learning Objectives
- Understand the meaning and implications of excessive persuasion in contractual agreements.