Section 25 Force, Coercion, or Overpersuasion

• Library: Remedies 2006

Undue influence, as a ground for rescission or cancellation, is not defined by fixed principles or elements. It is purposefully left unstructured so that courts may do justice and the unscrupulous may not avoid its application. Shafer v. Hatfield, 223 S.W.2d 396, 401 (Mo. 1949); Perkins v. Rantz, 631 S.W.2d 907, 911 (Mo. App. S.D. 1982). Undue influence is a species of constructive fraud, and its application depends on the particular circumstances of the case. Id. Undue influence can be proved by direct evidence or by circumstantial evidence. Steller v. Steller, 401 S.W.2d 473, 477 (Mo. 1966). In fact, the courts recognize that it is usually concealed. Davis v. Pitti, 472 S.W.2d 382, 387 (Mo. 1971). Undue influence can be inferred from the surrounding facts and circumstances, but it still must be proved by clear, cogent, and convincing evidence. Estate of Helmich v. O’Toole,731 S.W.2d 474, 478 (Mo. App. E.D...