What is Undue Influence?

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:

  1. 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
  2. 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.

Joel Ewusiak has litigated cases involving allegations of undue influence.  Please contact Joel for legal assistance with your particular matter.