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CACI 334

What Is Contract Defense of Undue Influence Law in California

Personal Injury Lawyers

What is the Law in California for the Contract Defense of Undue Influence- California Civil Jury Instruction CACI 334

California Law

CA Civil Jury Instructions

CACI 334 - Contract Defense of Undue Influence

As of September 1, 2010

California Civil Jury Instruction CACI 334

334. Affirmative Defense—Undue Influence

[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

1. [a relationship of trust and confidence] [or]

1. [[name of defendant]’s weakness of mind] [or]

1. [[name of defendant]’s needs or distress]

1. 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.

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