The improper use of one personĂ¢â‚¬(tm)s power over another person to induce him/her to enter into a contract
Influence of another that destroys the freedom of a testator or donor and creates a ground for nullifying a will or invalidating a future gift. The exercise of undue influence is suggested by excessive insistence, superiority of will or mind, the relationship of the parties or pressure on the donor or testator by any other means to do what he is unable, practically, to refuse.
Another means of overcoming a party's free will.
A type of fraud in which the perpetrator takes unreasonable advantage of someone else's foibles, flaws, needs, problems, or other disadvantages.
Any improper or wrongful influence by one party over another whereby the will of a person is overpowered so that he or she is induced to act or prevented from acting according to free will.
The influence of another person that destroys the free will of the testator. In the extreme example, if an heir is pointing a gun at the will maker, that heir is said to have exerted undue influenced, thus, nullifying the will.
Use of a fiduciary or confidential relationship to obtain a fraudulent or unfair advantage over another's weakness of mind, or distress or necessity.
Pressure or manipulation exerted, usually by one in a position of trust or power, over another.
Someone acts in an extraordinary way because of fear, excessive influence, or other reason. The person is being forced to do something against his will. The injured person can use this pressure tactic as a basis to void the contract.
When a person is forced to perform in a certain manner due to excessive influence, pressure or fear brought by another party and may be used to void a contract.
Abuse of position of trust or authority in order to induce a person to do or refrain from doing something to the advantage of the person exerting the influence.
The exertion by a third party of any kind of control such that a person signs a contract or other instrument which, absent the influence of the third party, he would not have signed. A contract or instrument may be set aside as not binding on any party who signs it while under undue influence.
Strong enough persuasion to completely overpower the free will of another and prevent him or her from acting intelligently and voluntarily, as in a case where a broker guilty of blockbusting has induced someone to sell in fear of a change in the racial character of the community. Undue influence usually requires a close or confidential relationship like parent-child, broker-seller, attorney-client, or trustee-beneficiary. Where a person has been unduly influenced to sign a contract, that person can void the contract.
Persuasion, pressure or influence short of actual force, but stronger than mere advise, that so overpowers the person free will that they change their will or trust according to the wishes of the domineering person. See an example
if a person is subject to pressure such as to cause them to do something which they would not otherwise have done, then they are said to have been subject to undue influence. It occurs most regularly in connection with wills and contracts, and can amount to good cause for them being set aside.
Whatever destroys free will and causes a person to do something he or she would not do if left to himself or herself.
Any action or urgency by a person in a fiduciary capacity or in a position of authority that causes someone else to act in a way contrary to what would have been done had the party been free of the influence. The essence of undue influence is mental coercion by one person over another. Contracts induced by undue influence are voidable at the option of the injured party.
A domineering person manipulates a weak person for selfish benefit.
Taking advantage of another because of a unique position of trust, such as a doctor-patient or attorney-client relationship.
Taking any fraudulent or unfair advantage of another's weakness in mind, distress, or necessity.
Taking advantage of another's situation by forcing them into an act or action.
Undue influence (as a term in jurisprudence) is an equitable doctrine that involves one person taking advantage of a position of power over another person.