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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.
Mar 21, 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...
In contract law, a defense that can be used by a party to argue against the formation of a binding contract between two parties. The use of undue influence by one party over another puts the free will of one of the parties entering the contract into question, and therefore leads to the contract being unenforceable and voidable by the victim party.
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Jul 13, 2022 · Find out what constitutes undue influence, how to prove it, and what you can do if you're worried about a vulnerable relative being taken advantage of.
“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.
This article explores the current state of undue influence law, reviews a model undue influence screening tool, and discuss ways to modernize the law.
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.
The meaning of UNDUE INFLUENCE is improper influence that deprives a person of freedom of choice or substitutes another's choice or desire for the person's own.
To establish the defence of undue influence, the claimant must establish that: They were influenced to enter into the contract (or give the gift) by the defendant; and. The influence exercised by the defendant was ‘undue’.
