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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(2) The judicial treatment of what today commonly is described as the doctrine of presumed undue influence powerfully illustrates the deterioration in clarity.
Undue influence has been defined as "the use of improper constraint, urging or persuasion to induce a decedent to dispose of her property in a manner that she would not have done if left to act freely," which can be very hard to detect.
(2) Following a three-day trial, at which a recognized psychiatrist offered his forensic opinion that Fred was thought disordered and psychotic on the date the will was made, the Honorable Jerome Eckrich held that Fred possessed testamentary capacity and that his will was not the product of undue influence. (3)
the principle of testamentary undue influence (14); and
For UK law students, this study guide outlines the main ideas of contract law, including its origins and functions and freedom of contract; the formation of a contract, including agreement, consideration, intention, and other factors; third party rights and privity; the terms and exclusion clauses; misrepresentation, mistake, duress, economic duress, undue influence, and illegality; discharge of a contract; and remedies.
Your objectivity is also under threat--you should not compromise your judgement because of a conflict of interest or the undue influence of others.
Lauderdale Trust and Estates Roundtable's April Meeting on representing a client facing competency and undue influence issues; the ABA Real Property Trust & Estate Law's May Symposium in Washington, D.C., on the current status of the DOMA Supreme Court cases, and on a panel discussion about the ramifications of 2012 gifting plans in 2013; the Broward County Bar's May Meeting on the Morey v.
Sri Lanka too is not averse to this scenario as marginal players have been known to exert undue influence over moderates.
This absence was the result of demands by several of the coalition's parties and was gleefully applauded by many in Israel, exasperated with what they perceived as the undue influence of haredi Jews on the nation's politics and policies.
(14) Yet neither undue influence nor duress, both typical allegations in
The stockholder rights plan is for a two year period and is designed to protect against partial tender offers and other coercive tactics intended to gain control or undue influence of China Biologic, without offering a fair and adequate price and terms to the company's stockholders.
This power would also allow social services to decide if a person is making decisions freely, without undue influence from an abuser.