Unfair Persuasion Law and Legal Definition
Unfair persuasion refers to a form of undue influence by which a stronger party succeeds over the weaker through seriously impairing weaker party’s free and competent exercise of judgment. When compared to duress and misrepresentation the effects brought by undue persuasion are less serious. The availability of independent advice and susceptibility of the person persuaded must be taken into consideration while assessing undue persuasion.
In Gerimonte v. Case, 42 Wn. App. 611 (Wash. Ct. App. 1986), the court held that, “where one party is under the domination of another, or by virtue of the relation between them is justified in assuming that the other party will not act in a manner inconsistent with his welfare, a transaction induced by unfair persuasion of the latter, is induced by undue influence and is voidable. A contract may be invalidated on this basis.”
