334. Affirmative Defense Undue Influence

334. Affirmative Defense--Undue Influence Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that no contract was created because [he/she] was unfairly pressured by [name of plaintiff] into consenting to the contract. To succeed, [name of defendant] must prove both of the following: 1. That [name of plaintiff] used [a relationship of trust and confidence] [or] [[name of defendant]'s weakness of mind] [or] [[name of defendant]'s needs or distress] to induce or pressure [name of defendant] into consenting to the contract; and 2. That [name of defendant] would not otherwise have consented to the contract. If you decide that [name of defendant] has proved both of the above, then no contract was created. ___________________________________________________________________________ New September 2003