Contratos y EjecuciónPregunta 862 de 1605
'Undue influence' as a ground to rescind a contract typically involves:
a.A routine competitive bid
b.A fair, arm's-length negotiation between equals
c.A clearly written price term
d.Unfair persuasion of a party who is under the domination of, or reposes trust in, another, depriving them of free judgment
Explicación
Undue influence involves using a position of trust, authority, or a party's vulnerability to apply unfair persuasion that overcomes the weaker party's free will, so the resulting assent is not truly voluntary. It commonly arises where one party depends on or trusts the other. A contract tainted by undue influence is voidable. It is the opposite of a fair, arm's-length dealing between equals, and it is unrelated to how clearly the price is written or to ordinary competitive bidding.
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Preguntas relacionadas de este tema
- In interpreting a contract that has both typed and pre-printed (form) terms that conflict, courts commonly give priority to:
- A 'voidable' contract differs from a 'void' contract in that a voidable contract:
- A contractor signs a contract only after the owner threatens physical harm unless the contractor signs. The contract is most likely:
- A mutual mistake of a material fact by both parties at the time of contracting may allow:
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- The remedy of 'restitution' in contract law is designed to:
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Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)