University:
University of North Carolina at Charlotte
Course:
BLAW3150 | Business Law
Academic year:

2023
Views:

314

Pages:

2
Author:

Accinkiquicpqw

13-3 Undue Influence and Duress (slide 1 of 2) • A contract lacks voluntary consent and is unenforceable if undue influence or duress is present. • 13-3a Undue Influence • Occurs when one party can greatly influence another party, thus overcoming that party’s free will. • One Party Dominates the Other • There must be clear and convincing evidence that the person did not act out of her or his free will. 13-3 Undue Influence and Duress (slide 2 of 2) • A Presumption of Undue Influence in Certain Situations • When the dominant party in a fiduciary relationship benefits from the relationship, the court will often presume that the contract was made under undue influence. • 13-3b Duress • Use of threats to force a party to enter into a contract constitutes duress. Duress is both a defense to the enforcement of a contract and a ground for rescission of a contract.