Definition - true agreement. Lack of true agreement makes the contract voidable at the option of the party with the defense. Instances of lack of consent Duress - forcing someone to agree to a contract, not because he wants to agree, but because he subjectively believes he has no choice but to agree. Undue influence - three factors all need to be present for a contract to be avoided by undue influence. Influencer occupies a position of trust.
Influenced person has no free agency.
Influencer unduly benefits from the transaction. Fraud in the execution - person is defrauded in the execution of a contract so that he does not even know that he is signing a particular type of contract. Fraud in the inducement - person is defrauded by untrue inducements to enter into the contract. Elements of fraud in the inducement. Defrauder makes a false statement.