Legal Definitions - fair persuasion

Fair persuasion refers to the act of influencing another person's decision or actions through legitimate and ethical means. It involves using reasonable arguments, logical appeals, or honest emotional appeals to convince someone, without resorting to coercion, threats, deception, or exploiting a person's vulnerability. The key distinction is that fair persuasion respects an individual's free will and their capacity to make an independent choice, whereas unfair influence (such as undue influence or duress) undermines that autonomy.

Here are some examples to illustrate fair persuasion:

• Estate Planning Discussion: An adult child discusses their elderly parent's will with them. The child presents a well-reasoned argument about why a particular family heirloom should be bequeathed to a specific grandchild, explaining the grandchild's deep sentimental attachment to the item and the parent's own past expressed wishes regarding its legacy. The parent considers this information, agrees with the logic and sentiment, and subsequently updates their will to reflect this change.

  This is an example of fair persuasion because the child used logical arguments and appeals to the parent's existing values and memories, without employing threats, manipulation, or taking advantage of the parent's age or any infirmity. The parent made an independent decision based on the information and reasoning provided.

• Business Contract Negotiation: During negotiations for a new supply contract, a representative from Company A presents compelling data and market analysis to Company B, demonstrating how a specific clause regarding delivery schedules would significantly reduce costs and improve efficiency for both parties. The representative clearly outlines the mutual benefits and addresses Company B's concerns with transparent information. After reviewing the data and consulting their legal and operational teams, Company B agrees to the proposed clause.

  This illustrates fair persuasion because Company A's arguments were based on factual data and strategic alignment, aimed at demonstrating mutual benefit. There was no misrepresentation, withholding of critical information, or pressure that would undermine Company B's ability to make an informed business decision.

• Medical Treatment Recommendation: A doctor explains a complex treatment plan to a patient diagnosed with a chronic condition. The doctor thoroughly details the benefits, potential risks, alternative treatments, and expected outcomes, using clear, understandable language and answering all the patient's questions. The patient, feeling fully informed and understanding the rationale, decides to proceed with the recommended treatment.

  This is fair persuasion because the doctor provided truthful, comprehensive information and appealed to the patient's best interest and understanding of their health. There was no coercion, exaggeration of benefits, minimization of risks, or exploitation of the patient's vulnerability. The patient's decision was voluntary and based on a clear understanding of their options.