Which term describes the improper use of power to deprive a person of free will and substitute another's objective, resulting in lack of genuine assent to a contract?

• A. Duress
• B. Fraud
• C. Undue influence
• D. Mistake

Answer: (C)

Undue influence occurs when someone in a position of trust or authority uses that relationship to sway another person’s decisions, depriving them of free will and leading to an agreement that does not reflect their true consent. This often happens where there’s a recognized bond of trust, dependence, or influence—such as between a caregiver and an elder, a fiduciary and beneficiary, or a guardian and ward. Because the influenced party’s consent isn’t freely given, the contract can be voidable.

Duress involves threats or actual harm used to force agreement; fraud is about deliberate misrepresentation of a material fact to induce assent; mistake is a misunderstanding about a fact at the time of contracting. The scenario described aligns with undue influence, where the power imbalance and exploitation of trust undermine genuine consent.