In the case of undue influence where a special relationship exists, who must prove the influence occurred?

• A. The party with less power
• B. The party with equal power
• C. The party with greater power
• D. The party that initiated the contract

Answer: (C)

In cases of undue influence, especially when a special relationship exists between the parties involved, the burden of proof typically rests on the party with greater power or influence. This is because the law recognizes that individuals in positions of power may exert their influence over those who are more vulnerable, thereby potentially impacting the fairness and voluntariness of any agreements made.

When a special relationship exists, such as between a parent and child, guardian and ward, or lawyer and client, the more powerful party has an obligation to demonstrate that the influenced party made the decision freely and was not unfairly pressured or manipulated. This is rooted in the understanding that the party with greater power is more likely to be in a position to use that power inappropriately. Therefore, they must provide evidence that their influence did not overpower the other party's free will in the transaction.

This concept stems from the principles of equity and fairness in contract law, promoting justice by ensuring that those in privileged positions do not exploit their relationships to the detriment of those who are more vulnerable.