HI · jury_instructions
Haw. Civil Jury Instr. 15.26
CONTRACT – UNDUE INFLUENCE
Defendant(s) assert(s) the affirmative defense that undue
influence excused his/her/its/their performance under the
contract.
To prevail on the affirmative defense of undue influence,
defendant(s) must prove both of the following elements:
(1) Plaintiff(s) unfairly persuaded defendant(s) to enter
into the contract; and
(2) Plaintiff(s) either:
(a) Was/were in a position of domination over
defendant(s); or
(b) Was/were in a relationship with defendant(s) such
that defendant(s) would be justified in assuming
that plaintiff(s) would be acting in
defendant’s(s’) best interests.
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
38ba0d26fa4cc61fed3565e6726f32e2188a2535fe9ab2e95561c92462249bea
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