MBE Rules · Contracts
Undue influence
The rule
A contract is voidable if assent was procured by unfair persuasion of a party in a position of weakness, such as where there is a confidential relationship (attorney-client, trustee-beneficiary) or the victim was susceptible due to age, illness, or distress.
In plain English
A contract can be canceled if someone was pressured into agreeing because they were in a vulnerable position or trusted the other person too much.
Worked example
The buyer convinces an elderly neighbor to sell her house for half its value by exploiting her fear of moving to a nursing home. The neighbor can void the contract due to undue influence.
Memory hook
UNDUE INFLUENCE: Friend or foe? When trust turns toxic, contracts crumble.
The trap
Students think: Any persuasion is undue. Wrong, because it must exploit a special relationship or vulnerability. The actual test is assessing the level of unfair persuasion in context.
How examiners test it
The MBE loves: family member or advisor pressures signing. Trap: students miss confidential relationship or vulnerability, thinking all pressure is undue.
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