4. Odorizzi, an elementary school teacher, was arrested criminal charges involvi

Question

4. Odorizzi, an elementary school teacher, was arrested criminal charges involving illegal sexual activity. After he was arrested, questioned by police, booked, and re. leased on bail, and had gone 40 hours Without sleep he was visited in his home by the Superintendent of the school district and the principal of his school. They told him that they were trying to help him and that they had his best interests at heart. They advised him to resign immediately, stating that there was no time to consult an attorney. They said that if he did not resign immediately, the district would dismiss him and publicize the proceedings, but that if he resigned at once, the incident would not be publicized and would not jeopardize his chances of securing employment as a teacher elsewhere. Odorizzi gave them a written letter of resignation, which they accepted. The criminal charges against Odorizzi were later dismissed, and he sought to resume his employment. When the school district refused to reinstate him, Odorizzi attempted to rescind his letter of resignation on several grounds, including undue influence. (He also alleged duress, but the facts of his case did not constitute duress under applicable state law.) Can odorizzi avoid the contract on the ground of undue influence?

Explanation / Answer

Undue Influence

A judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside.

Mental, moral, or physical domination (even if natural or right) that deprives a person of independent judgment and substitutes another person's objectives in place of his or her own. Exercise of undue influence is characterized often by excessive insistence, superiority of physical power, mind, or will, or pressure applied due to authority, position, or relationship in relation to the strength of the person submitting to it. Consent obtained for a contract, relationship, or transaction is voidable if it can be shown that an unfair advantage has been taken of an involved party. In dealings between parent and child, husband and wife, attorney and client, or doctor and patient, undue influence is generally presumed to have been exercised unless proven otherwise. See also coercion and duress.
In above case school excercised undue influence since they pplied pressure due to authority. they asked the teacher to resign immediately otherwise the incidence would be publicised and they would dismiss him. Thats why teacher gave resignation. Thus he can fight on the basis of undue influence exercised in this case.

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