Asked by
Katie Schmitz
on Nov 23, 2024
Verified
Undue influence is not the same legal concept as duress. Despite this, both constitute grounds for rescission by the affected party.
Undue Influence
An improper or unacceptable exertion of pressure or influence on someone, which may affect the decisions and actions of that person.
Duress
The use of force, false imprisonment, threats, or psychological pressure to compel someone to act against their will or interest.
Rescission
Rescission is the act of invalidating a contract, returning the parties involved to their positions prior to the agreement, under circumstances such as misrepresentation or fraud.
- Comprehend the legal notion of undue influence and its effects on the validity of contracts.
- Determine the components and implications of duress in the context of contract law.
- Distinguish among multiple defenses against the enforcement of contracts, such as non est factum, duress, and undue influence.
Verified Answer
HS
Learning Objectives
- Comprehend the legal notion of undue influence and its effects on the validity of contracts.
- Determine the components and implications of duress in the context of contract law.
- Distinguish among multiple defenses against the enforcement of contracts, such as non est factum, duress, and undue influence.