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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Because a claim of presumed undue influence invariably raises consent issues, I begin my analysis with a review of consent doctrine, specifically the relevance of disclosure, advice and influence.
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.
5) At that point, there is a presumption that the testator, the grantor of a deed, and the contracting party, respectively, were competent; (6) the burden of proving incompetence or undue influence, or both, is on the contestant.
More specifically, reference is made to Article 12(4) of the CRPD, which contemplates a number of safeguards to ensure that 'measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free from conflict of interest and undue influence, are proportional .
ISLAMABAD -- The Spokesperson of Ministry of Commerce and Textiles categorically rejected false and baseless all speculations pertaining to exertion of undue influence on privatization commission by the Ministry which operates independently under the Privatization Ordinance 2000.
Comments from former official Mark Halsey this week, in which he referred to having a "good relationship" with the Scot, led to claims Ferguson may have had undue influence.
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.
Sri Lanka too is not averse to this scenario as marginal players have been known to exert undue influence over moderates.
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.