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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- Spring '08
- Contract Law, Undue influence, Superintendent, Odorizzi