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4.2-15 Defense - Undue Influence
New September 30, 2011
The defendant claims that the (contract, lease, etc.) is not enforceable
because (he/she) executed it when (he/she) was subject to undue influence by
<insert name>.
Undue influence is the exercise of control over a person in an attempt
to destroy (his/her) free will and cause (him/her) to do something different than (he/she) would do if left entirely to (his/her) own
discretion and judgment. The acts of control by <insert name> over the defendant must be operative at the time the (contract, lease, etc.)
is entered into.
In determining whether
<insert name> has exercised undue
influence over the defendant you may consider the following factors: the defendant's age and physical and mental condition; whether
the defendant had independent or disinterested advice in the transaction; whether the defendant received adequate value under the
(contract, lease, etc.); the defendant's needs and distress. The defendant must prove undue influence by a preponderance of the evidence.
Authority
Gengaro v. New Haven, 118 Conn. App. 642, 649-50 (2009); Jenks v. Jenks, 34 Conn. App. 462, 468 (1994), rev'd on different grounds, 232 Conn. 750 (1995); Pickman v. Pickman, 6 Conn. App. 271, 275-76 (1986).
Notes
If undue influence is raised against a fiduciary, see Fiduciary Duty, Instruction 3.8-2.
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