In Texas, what constitutes undue influence in contract formation?

In Texas, undue influence in contract formation occurs when an individual uses manipulation or pressure to exert control over another party, especially when there is a pre-existing relationship of trust or power. This psychological coercion undermines the free will of the influenced party, effectively invalidating their consent to the contract.

The existence of undue influence means that a party did not genuinely agree to the terms due to the overpowering conduct of someone in a stronger position, such as a caregiver, family member, or professional adviser. This scenario typically arises when one party takes advantage of their relationship to impose unfair terms on the other party, thus calling into question the validity of the agreement made.

In contrast, the other options relate to different legal concepts. Vagueness in a contract does not directly relate to undue influence, as it is more about the clarity of terms rather than consent being compromised. Similarly, contracts with unclear terms highlight potential issues with enforceability rather than the presence of coercion. Lastly, having legal representation during contract formation generally serves to protect parties against undue influence, as it ensures that they are making informed decisions, contrary to the notion of manipulation or pressure.