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- Undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another person. This inequity in power between the parties can vitiate one party's consent as they are unable to freely exercise their independent will.
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Jul 24, 2024 · Undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another person. This inequity in power between the...
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What is undue influence?
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Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. [1] [2] It is a legal term and the strict definition varies by jurisdiction.
In contract law, undue influence is a defense used to argue against the formation of a binding contract. It occurs when one party exerts excessive persuasion on another, undermining their free will and leading to a contract that benefits only the influencer.
“Undue influence” means excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity. In determining whether a result was produced by undue influence, all of the following shall be considered: Vulnerability of the victim.
Undue influence is similar to duress in nature, but the doctrine of undue influence is an equitable doctrine as opposed to the common law basis of duress. The key differing factor is the duress is based on a threat, whilst undue influence will be based on a relationship that has been exploited.
Nov 27, 2020 · What Is Undue Influence? In short, under influence is an equitable doctrine that involves one party taking advantage of another more vulnerable party for financial gain. The concept of undue influence is most commonly used in the context of a contract law.
May 25, 2012 · What Is Undue Influence? Someone who suspects undue influence must bring a will contest in probate court, after the will-maker's death. This can be done whether or not there is a regular probate court proceeding to probate the will and distribute the estate assets.
