AMI 2434 Defense—Undue Influence

[Defendant] contends that [his][her][its] agreement to the contract was obtained by undue influence and has the burden of proving each of three essential propositions:

First, that [[plaintiff] and [defendant] were in a fiduciary relationship and [plaintiff] had an unfair advantage over [defendant] because of superior knowledge that [plaintiff] derived from that relationship] [[plaintiff] was in a position of overpowering influence over [defendant]] [[defendant](was in a position of weakness or dependence)(or) (justifiably placed trust in [plaintiff])];

Second, that [plaintiff] took unfair advantage of the relationship with [defendant]; and

Third, that [plaintiff]'s undue influence was such that [defendant]'s decision to enter into the contract was not his/her free and voluntary act.

[If you find from the evidence in this case that each of these propositions has been proved, then your verdict should be for [defendant]].