Legal Definitions - facility and circumvention

Definition: Facility and circumvention refer to conduct that is intended to persuade a vulnerable person to act against their own interest. In Scots law, any contract that is brought under conditions of facility and circumvention is considered void.

Example: Imagine a salesman who convinces an elderly person to sign a contract for a product they don't need or can't afford. The salesman may use high-pressure tactics or manipulate the person's emotions to get them to sign. This would be an example of facility and circumvention.

Explanation: The example illustrates how facility and circumvention can be used to take advantage of vulnerable people. In this case, the elderly person is vulnerable to outside influence and may not fully understand the terms of the contract they are signing. The salesman is using their vulnerability to persuade them to act against their own interest by signing a contract that is not in their best interest.