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Undue influence

Law UndividedUnfair labor practice

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. It is where free will to bargain is not possible.
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Undue Influence
(v) It is the pressure, coercion or influence exerted by some person on other person, with an intention to influence his presence of mind for drawing undue benefits from him, which he / she would not have granted in the normal course.

Undue Influence: 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.

undue influence
n. the amount of pressure which one uses to force someone to execute a will leaving assets in a particular way, to make a direct gift while alive or to sign a contract.

undue influence - Whatever destroys free will and causes a person to do something he would not do if left to himself.
unilateral - One-sided, ex parte or having a relation to only one of two or more persons or things.

Undue influence: An improper amount of pressure which influences someone to do something he would not do if left to his own devices.

Undue Influence
That degree of influence or compulsion that destroys or eliminates another's free will; any improper persuasion whereby the will of a person is overpowered inducing an action which otherwise would not have been taken.

undue influence - Persuasion, pressure, or influence short of actual force, but stronger than mere advice, that so overpowers the dominated party's free will or judgment that he or she cannot act intelligently and voluntarily, but acts, instead, ...

undue influence
Taking unfair or improper advantage of the weakness of another party to make them agree to something.
unliquidated ...

Term: Undue Influence
Definition: That degree of influence or compulsion that destroys or eliminates another's free will; ...

Undue influence
Definition - Noun
: improper influence that deprives a person of freedom of choice or substitutes another's choice or desire for the person's own
compare coercion duress necessity ...

"A plea of undue influence attacks the sufficiency of consent; a plea that a bargain is unconscionable invokes relief against an unfair advantage gained by an unconscientious use of power by a stronger party against a weaker.

" Undue Influence When someone influences another who is susceptible of being swayed in opinion or decision because of mental infirmity or other debilitating factors, ...

Rescission can occur in one of two ways: either a contract can be set aside (rescinded) because of some defect in its formation (such as misrepresentation, duress or undue influence) or it can be set aside by agreement by the parties, ...

the poll for favor may be made when, although the juror is not so evidently partial that his supposed bias will be sufficient to authorize a principal challenge, yet there are reasonable grounds to suspect that he will act under some undue influence ...

a principal challenge, yet there are reasonable grounds to suspect that he will act under some undue influence or prejudice. The causes for such cballenge are manifestly very numerous, and depend, on a variety of circumstances.

Act 1883, to include bribery, treating, undue influence, personation, and aiding, abetting, counselling and procuring personation.

Autonomy: Personal capacity to consider alternative choices and act without undue influence or interference of others.

Undue influence: Unfair pressure which may invalidate a contract.
Unjust enrichment: Profit unjustly obtain by a wrongdoer.

Consent - The agreement must have been entered into freely. Consent may be vitiated by duress or undue influence.
Legality - The purpose of the agreement must not be illegal or contrary to public policy.

However, if the will is challenged and found to be invalid (due to lack of mental capacity, undue influence or failure to have it properly executed), then such a clause also fails. So a prospective challenger takes his/her chances.

See also: Will, Person, State, Court, Law

Law UndividedUnfair labor practice

 
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