700.12G. [7] Undue Influence-Fiduciary Relationship Arising Under Law

700.12G [7] Undue Influence--Fiduciary Relationship Arising Under Law The law provides, if [name of defendant] [names of defendants] entered into the contract only because a party subjected [name of defendant] [names of defendants] to undue influence, the [name of plaintiff] cannot enforce the contract against [name of defendant] [names of defendants]. This court has decided [name of plaintiff] is a fiduciary. [Name of plaintiff] claims and has the burden of proving the following by clear and convincing evidence in order to enforce the contract: (1) (2) (3) The contract was fair; the contract did not result from any undue influence over the defendant[s]; and [name of defendant] [names of defendants] had independent advice. The law is that undue influence exists where one person wrongfully exercises control over another so as to substitute that person's will for the will of the other. Undue influence is more than just advice or persuasion or an appeal to [name of defendant's] [names of defendants's] own reasoning. In deciding whether there was undue influence, you may consider whether, before the contract was made, there was full disclosure to [name of defendant] [names of defendants] of all the material circumstances surrounding the contract, whether the contract was fair and whether [name of defendant] [names of defendants] had the opportunity to obtain independent advice. Plaintiff denies that there was any undue influence exerted upon defendant. You will address these issues in question [__] on your verdict.