History of the Connecticut Judicial Seal Home Home BannerBanner


 

 

 

 

 

   

4.2-15 Defense - Undue Influence

New September 30, 2011

The defendant claims that the (contract, lease, etc.) is not enforceable because (he/she) executed it when (he/she) was subject to undue influence by <insert name>.

Undue influence is the exercise of control over a person in an attempt to destroy (his/her) free will and cause (him/her) to do something different than (he/she) would do if left entirely to (his/her) own discretion and judgment. The acts of control by <insert name> over the defendant must be operative at the time the (contract, lease, etc.) is entered into.

In determining whether <insert name> has exercised undue influence over the defendant you may consider the following factors: the defendant's age and physical and mental condition; whether the defendant had independent or disinterested advice in the transaction; whether the defendant received adequate value under the (contract, lease, etc.); the defendant's needs and distress. The defendant must prove undue influence by a preponderance of the evidence.

Authority

Gengaro v. New Haven, 118 Conn. App. 642, 649-50 (2009); Jenks v. Jenks, 34 Conn. App. 462, 468 (1994), rev'd on different grounds, 232 Conn. 750 (1995); Pickman v. Pickman, 6 Conn. App. 271, 275-76 (1986).

Notes

If undue influence is raised against a fiduciary, see Fiduciary Duty, Instruction 3.8-2.


 

Attorneys | Case Look-up | Courts | Directories | Educational Resources | E-Services | Español | FAQ's | Juror Information | Media | Opinions | Opportunities | Self-Help | Home

Common Legal Words | Contact Us | Site Map | Website Policies and Disclaimers

Copyright © 2013, State of Connecticut Judicial Branch