Under Florida law, "undue influence" is typically raised as an affirmative defense to a claim alleging that a party agreed to do something. For example, a defendant may argue that he should be able to set aside a contract because the plaintiff unfairly pressured him into agreeing to the contract.
To establish the affirmative defense of "undue influence," the defendant must prove both of the following:
- The plaintiff used (a) a relationship of trust and confidence, (b) the defendant's weakness of mind, or (c) the defendant's needs or distress to control, persuade, or pressure the defendant into agreeing to the contract; and
- The defendant would not otherwise have voluntarily agreed to the contract without the plaintiff controlling, persuading, or pressuring the defendant to agree to the contract.