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Contract Law Theory Essay
Contract Law Theory Paper
The general legal principle of contract law is that to be valid, an agreement or contract must have been entered into by the parties willingly and voluntarily without any threat, coercion, or use of force and undue influence. Hence, where one party unduly influences or induces another to enter into a contract involuntarily, the party is entitled to set that transaction aside. Undue influence thus vitiates a contract, rendering it voidable at the option of the innocent party. Usually, there must exist some sort of a relationship of trust and confidence or vulnerability and dependency between the parties for undue influence to arise (O'Sullivan & Hilliard 270).
However, where a weaker party with low bargaining power in a contractual relationship can show that the relationship between them was such that they were unfairly taken advantage of by the stronger party, then they can set aside the contract on the basis of undue influence. There can be both actual and presumed undue influence. Under the actual undue influence, the party wishing to set aside a contract has to prove that they entered into the contract due to another party exerting actual influence on them through specific acts and words. Presumed undue influence requires no proof of improper influence but a demonstration that there existed a relationship between the parties which justifies a presumption of undue influence. An example of such a relationship is that of solicitor-client or parent-child. The abuse of influence that one has over another which results in manifest disadvantage and unfairness amounts to undue influence...................GET A PLAGIARISM FREE COPY