- Facts: P teacher under K w/D to work the following year as a permanent employee (not at-will employee). P arrested for homosexual activity, resigned the next day. Charges dropped next month, he tried to resume and D would not let him. Terms: D threatened that there would be public, publicized proceedings. P argues both duress and undue influence.
- Issue: Was resignation made through duress, fraud, mistake, undue influence and incapacity to contract. If any of these arguments prevail, the modification is invalidated and the contract is as it existed before resignation reinstated.
- Rule: Undue Influence: To make out a case of undue influence, must prove that there is persuasion, which tends to be coercive in nature and overcomes the will without convincing the judgment. Relationship w/two parties (dominant and servient) in an imbalance of power, where dominant party uses excessive, persuasive force (not threat of wrongful action, rather overplaying the bargain at hand.)
Friday, March 23, 2012
Odorizzi v. Bloomfield School District case brief
Odorizzi v. Bloomfield School District; (CA, 1966); CB 429; Notes 52
Use of undue influence to modify an existing K
1. Discussion of K at inappropriate time
2. In unusual place
3. Demand K occur now
4. Emphasize consequences if delayed
5. Multiple persuaders
6. Absence of advisors to parity
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