Legal Definitions - persuasion

Persuasion refers to the act of influencing or attempting to influence the beliefs, attitudes, or actions of others primarily through logical reasoning, factual evidence, and articulate arguments.

In a legal context, the term often appears as fair persuasion, which specifically denotes influencing others through arguments, appeals, or exhortations that do not involve improper tactics such as harassment, threats, coercion, or the presentation of false or misleading information (misrepresentations).

Here are some examples to illustrate the concept of persuasion and fair persuasion:

• Example 1: Business Negotiation

  A small business owner is negotiating with a supplier for a bulk discount on raw materials. The owner presents data showing their consistent purchase volume over the past year, highlights their potential for increased orders in the coming quarter, and references competitive pricing they've received from other suppliers. Their goal is to persuade the supplier to offer a better price.

  This is an instance of persuasion because the business owner is using facts (purchase history, potential growth) and market comparisons (competitive pricing) to influence the supplier's decision. It qualifies as fair persuasion as long as the owner's data is accurate and they are not making any threats or misrepresenting their financial situation or other offers.

• Example 2: Community Advocacy

  A group of residents is advocating for a new traffic light at a dangerous intersection in their neighborhood. They attend a city council meeting, presenting accident statistics from the past five years, testimonials from residents who have witnessed near-misses, and a petition signed by hundreds of local citizens. They argue that these factors demonstrate a clear need for the traffic light to improve safety.

  This scenario demonstrates persuasion as the residents are using evidence (statistics, testimonials, petition) and reasoned arguments to influence the city council's decision. It is an example of fair persuasion because they are relying on verifiable facts and community sentiment, rather than resorting to intimidation or fabricating accident reports.

• Example 3: Contract Modification Request

  A software development company has a contract to build a custom application for a client. During the development process, new industry standards emerge that would significantly improve the application's security and longevity, but implementing them would require additional work and cost. The development company approaches the client to propose a contract modification.

  The company's project manager explains the benefits of adopting the new standards, outlines the risks of not doing so, provides a detailed breakdown of the additional work involved, and offers a revised timeline and cost estimate. They aim to persuade the client that the long-term value outweighs the immediate additional expense.

  This is persuasion because the company is using expert knowledge, risk assessment, and cost-benefit analysis to influence the client's decision. It is considered fair persuasion because they are transparent about the reasons for the change, providing accurate information and a clear proposal, without threatening to abandon the project or misrepresenting the necessity of the new standards.