Duress and Undue Influence
Copyright © Texas Education Agency, 2013. All rights reserved.
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Copyright © Texas Education Agency, 2013. All rights reserved.
2
Genuine Assent
True and
complete
agreement
exists.
No strings attached!
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3
No Genuine Assent
• Voidable Agreements
–
–
–
–
–
Duress
Undue influence
Mistake
Misrepresentation
Fraud
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No Genuine Assent
• Rescission
– There is an injured party.
– Injured party can cancel the contractual
obligation.
– Injured party has the legal right to get
back what has already been put into the
contract.
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5
No Genuine Assent
• Duress
– One person uses illegal apprehension
and pressure when negotiating a
contract
• Threats of illegal or tortious conduct
• Threats to report crimes which you have a
commitment to report
• Threats to sue
• Economic threats
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6
Undue Influence and Assent
Relationship of trust,
confidence, or
authority must exist
between the parties
to the contract.
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Undue Influence and Assent
• Unfair Persuasion
• Undue Influenceoccurs when one party
to the contract is in a
position of trust and
wrongfully dominates
the other party
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Assignments
Independent Practice Assignments
1.
Review Cards Assignment: Give students legal terms and flash cards. The student must clearly write the
correct definition of the term on the back of the card. Now you are ready to play the review game “Flash
Word.” Each team has an equal amount of cards. The team can flash a term or definition for a legal term
and the opposing team must either give the correct definition for the term or the term for the definition
presented. Teams will earn one point for each correct answer.
2. What’s Your Verdict?: Janice and Becky both work at a popular department store. Janice found out that
Becky was stealing clothing and selling it at a discount rate to her friends. Janice approaches Becky and
threatens to go to the police unless Becky shares the profits with Janice. Becky agrees, but after two
months of cooperating with Janice, Becky refuses to pay Janice any more money. Janice threatens to sue
Becky for breaking the contract. Does Janice have a defense?
3. Fraud Alert Assignment: Design a brochure that will serve as a guide for individuals to avoid fraud, undue
influence, and duress. The booklet must define each of these terms, give examples, and explain ways for
individuals to protect themselves from becoming victims. The booklets should be helpful for senior
citizens and others who are frequently targeted. This assignment will be evaluated using the associated
rubric.
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