Undue influence refers to a situation in which one person exerts an improper amount of control or influence over another person, typically in order to persuade or coerce them to do something they would not normally do.
In legal contexts, undue influence may be used as a basis for challenging the validity of a contract, will, or other legal document. For example, if a person is pressured or manipulated into signing a contract, that contract may be deemed unenforceable due to undue influence.
Undue influence can take many forms, ranging from subtle coercion to outright threats or abuse. It may involve a power imbalance between the parties, such as an elderly person being influenced by a caregiver, or a vulnerable person being influenced by a person in a position of authority.
To establish that undue influence has occurred, a court may consider factors such as the vulnerability of the victim, the nature and timing of the alleged influence, and whether the victim was able to make an independent and informed decision. Undue influence is often difficult to prove, and the burden of proof is typically on the party alleging that it occurred.
Overall, undue influence is considered to be a form of abuse and is widely recognized as a violation of individual autonomy and freedom of choice. Many countries have laws and regulations in place to protect vulnerable individuals from undue influence and to ensure that contracts and other legal documents are entered into freely and voluntarily.
©Linda Turner http://parentalalienationpas.com 2023