Unfair persuasion occurs when one person manipulates another into making a decision, making it difficult for them to freely choose. This is unjust because it exploits the other person’s vulnerability. It’s similar to being pressured into doing something against your will, feeling obligated to agree even when you don’t want to. This behaviour is unacceptable and is referred to as unfair persuasion.
Unfair persuasion refers to a form of undue influence where a more powerful party achieves a desired outcome by significantly hindering the weaker party’s ability to freely and competently make decisions. It is a lesser form of undue influence compared to duress and misrepresentation. The key factors to consider are the absence of independent guidance and the vulnerability of the person being persuaded. For instance, unfair persuasion occurs when a car salesman uses aggressive sales tactics and deceptive information to convince a customer to purchase a car beyond their financial means. Similarly, it happens when a landlord threatens to evict a tenant unless they sign an unfair or illegal lease agreement. In both cases, the stronger party exploits unfair methods to manipulate the weaker party into agreeing to something that is not in their best interest. Due to the lack of access to independent advice or susceptibility to the tactics employed, the weaker party may feel compelled or coerced into accepting the terms. This type of persuasion is considered unfair and can serve as grounds for nullifying a contract or agreement.
Unfair persuasion refers to using deceptive or coercive tactics to influence someone’s decision, often in a business or contractual setting.
Examples of unfair persuasion can include making false promises, using threats or intimidation, or withholding important information to manipulate someone into making a decision.
Yes, unfair persuasion can be illegal, especially if it involves fraud, misrepresentation, or other deceptive practices.
If you believe you have been unfairly persuaded, you may have legal options such as filing a lawsuit for fraud or seeking to void a contract that was entered into under unfair persuasion.
Proving unfair persuasion often requires evidence such as emails, contracts, witness testimony, or other documentation that shows the deceptive or coercive tactics used.
Yes, unfair persuasion can occur in business transactions, negotiations, and contracts, especially when one party uses deceptive tactics to gain an unfair advantage.
Consequences for using unfair persuasion can include legal liability, financial penalties, and damage to one’s reputation or business relationships.
Yes, unfair persuasion is often considered a form of manipulation, as it involves using tactics to influence someone’s decision in a dishonest or coercive manner.
While there may not be specific laws addressing unfair persuasion, there are laws related to fraud, misrepresentation, and deceptive business practices that can apply to cases of unfair persuasion.
To protect yourself from unfair persuasion, it’s important to carefully review contracts and agreements, ask questions, seek legal advice if needed, and be wary of any tactics that seem deceptive or coercive.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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