Legal Definitions - unfair persuasion

Definition: Unfair persuasion is a type of undue influence in which a stronger party achieves a result by means that seriously impair the weaker party's free and competent exercise of judgment. It is a lesser form of undue influence than duress and misrepresentation. The two primary factors to be considered are the unavailability of independent advice and the susceptibility of the person persuaded.

Examples: An example of unfair persuasion is when a car salesman convinces a customer to buy a car that they cannot afford by using high-pressure sales tactics and misleading information. Another example is when a landlord threatens to evict a tenant if they do not sign a lease agreement that is unfair or illegal.

Explanation: In both examples, the stronger party (the car salesman and the landlord) is using unfair tactics to persuade the weaker party (the customer and the tenant) to agree to something that is not in their best interest. The weaker party may feel pressured or coerced into agreeing because they do not have access to independent advice or are susceptible to the tactics being used against them. This is considered unfair persuasion and can be grounds for voiding a contract or agreement.