In contract law, a defense that can be used by a party to argue against the formation of a binding contract between two parties. The use of undue influence by one party over another puts the free will of one of the parties entering the contract into question, and therefore leads to the contract being unenforceable and voidable by the victim party. To prove undue influence, a party must show that one party to the contract is a person with weaknesses which make him likely to be affected by such persuasion, and that the party exercising the persuasion is someone in a special relationship with the victim that makes the victim especially susceptible to such persuasion.
Definition from Nolo’s Plain-English Law Dictionary
Improper influence over someone who is making financial decisions, commonly about making gifts,leaving property at death, or signing a contract.Typically, it occurs when the person is susceptible to pressure because of illness or emotional state, and is taken advantage of by someone he or she depends on for guidance--for example, a lawyer or family member.Undue influence is a ground for challenging the validity of a will or other document in court. (See also: will contest
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:26 pm