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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He had availed himself, in this heavy undertaking, of the experience of a certain wandering eastern mechanic, who, by exhibiting a few soiled plates of English architecture, and talking learnedly of friezes, entablatures, and particularly of the composite order, had obtained a very undue influence over Richard’s taste in everything that pertained to that branch of the fine arts.
Middleton, jealous of his own consideration no less than of the authority of his government, suspected some undue influence on the part of the agents of the Canadas; and, as he was determined to maintain the authority of which he was the representative, he felt himself constrained to manifest a hauteur, that he was far from feeling.
"That she would have--that it is a case of undue influence. No, to my mind the question is the--the invalid's condition at the time she wrote."