Contracts I

Undue Influence


Restatement Second of Contracts § 177

When Undue Influence Makes a Contract Voidable

View on LexisNexis

  1. Undue influence is unfair persuasion of a party who is under the domination of the person exercising the persuasion or who by virtue of the relation between them is justified in assuming that that person will not act in a manner inconsistent with his welfare.
  2. If a party's manifestation of assent is induced by undue influence by the other party, the contract is voidable by the victim.
  3. If a party's manifestation of assent is induced by one who is not a party to the transaction, the contract is voidable by the victim unless the other party to the transaction in good faith and without reason to know of the undue influence either gives value or relies materially on the transaction.