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LSDefine

Simple English definitions for legal terms

unfair persuasion

Read a random definition: motion to dissolve interference

A quick definition of unfair persuasion:

Unfair persuasion is when someone convinces another person to do something in a way that makes it hard for them to make their own decision. This is not fair because the person doing the persuading is taking advantage of the other person. It's like when someone convinces you to do something you don't want to do, and you feel like you have to say yes even though you don't really want to. This is not okay, and it's called unfair persuasion.

A more thorough explanation:

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.

unfair labor practice | unfair surprise

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