undue influence


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Undue Influence

In law, a situation in which one person uses his/her position or authority to extract an agreement from another person that is regarded as unfairly favorable to the first person. For example, if a physician executes an unreasonably favorable contract with a patient, the physician must be able to prove he/she did not exercise undue influence. A contract found to have undue influence is voidable.

undue influence

A theory used to set aside contracts,wills,or deeds.It is any improper method of persuasion used to overcome the will of another and induce that person to do something he or she would not otherwise do.Success in using the theory usually depends on proof that someone used his or her position of trust and confidence to overcome the will of a person in a weakened,infirm,or psychologically distressed state.

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14) Yet neither undue influence nor duress, both typical allegations in
This power would also allow social services to decide if a person is making decisions freely, without undue influence from an abuser.
Consequently, gift planners must recognize signs that a donor might lack the mental capacity to make a gift and to develop strategies for dealing with donors and their families if issues of capacity or undue influence ever arise.
68) In general, such statutes do not specify what constitutes "undue influence" other than to make it clear that undue influence is something other than duress, coercion, fraud, or a variety of other forms of exploitation.
Candidates for election would fund their own campaigns or be sponsored, giving rise to the possibility of undue influence (some would say corruption) and an inevitability, with so many votes to count on in Liverpool, of a city-centric rather than regional police service.
SALEM - The state Justice Department has given the go-ahead for a statewide real estate professionals association to continue collecting a $75 mandatory assessment from its 14,000 members after withdrawing the department's earlier assertion that the practice is an illegal use of undue influence.
AM I getting cynical in my old age, or is there undue influence being exerted in the case of Dr Mattu?
The government had come out with the draft legislation on May 3, and said that the rules were needed to prevent shareholders from exercising undue influence over the central bank.
She noted that Robert MacDermid documented developer influence through donations across the Greater Toronto Area, and expressed her concern that there is undue influence from developers on Brant County councillors.
I WOULD like to agree with the sentiments expressed in Mr Rees' letter (Viewpoints, October 7) about the undue influence a certain newspaper and its proprietor - presumably press baron Rupert Murdoch and the Sun - have on the health of our national democracy.
While IOM's concerns about undue influence of industry on research and physicians' autonomy are valid, it seems ironic that physicians have come under such intense scrutiny when our elected officials so often prove that they are without scruples when it comes to voting on issues which affect many lives and fortunes ("IOM Issues Report to Curb Conflicts of Interest," June 2009, p.