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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The undue influence burden shifting framework should not be thought of as rigid exercise of required proof.
2) The judicial treatment of what today commonly is described as the doctrine of presumed undue influence powerfully illustrates the deterioration in clarity.
Perhaps Steve and Sunday People Sport has undue influence at the Etihad.
When elderly clients begins making radical changes to their estate plan, most planners begin wondering whether they're truly making those decisions on their own, or whether they're the victim of undue influence.
This article uses Berg as a means of framing the requirements of a valid Last Will and Testament along with the theories under which a will may be set aside, with special emphasis given to the doctrines of insane delusions and undue influence.
There are various grounds to challenge transactions, such as fraud and deception, coercion and duress, incompetence, overreaching, and undue influence.
That she was subjected to undue influence in the making of the relevant Wills and Codicils; and
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