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Odorizzi v

Odorizzi v - Elements of overpersuasion 1)discussion of the...

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Odorizzi v. Bloomfield School District Cal. Ct. of App. (1996) J. Flemming P. 349 FACTS: Odorizzi was an elementary school teacher who was arrested for homosexual activities. The school superintendent and principal informed him that unless he resigned, they would fire him and make the charges public. Odorizzi resigned. The charges were later dismissed and Odorizzi sought to rescind his resignation based on duress and undue influence. His complaint was dismissed and he appealed. The Ct. of App. Defined undue influence as: persuasion which tends to be coercive in nature, or persuasion which overcomes the will without convincing the judgement. The ct. determined that such persuasion leads to a lessened capacity to make a free contract.
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Unformatted text preview: Elements of overpersuasion: 1)discussion of the transaction at an unusual or inappropriiate time. 2)consumation of the transaction in an unusual place. 3)Insistand demand of immediacy. 4)emphasis on consequences of delay 5)multiple persuaders and single servient. 6)absence of 3 rd party advisers to servient 7)statements that there is no time to consult 3 rd party. ISSUE: Whether a combination of the overpersuasion elements above result in a voidable contract due to undue influence . HELD: Yes. Reversed. RULE: With a combination of the elements above, a person can be at a disadvantage in the signing of a contract NOTE: There was no duress b/c school had a legal right to threaten to dismiss....
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