undue influence

undue influence
A species of fraud or constructive fraud whereby means brought to bear upon a person his free agency is destroyed and the will of another person substituted therefor. 25 Am J2d Dur §§ 35, 36. A species of constructive fraud which the court will not undertake to define particularly less the very definition itself should furnish a guide by which its consequences may be evaded. 23 Am J2d Deeds § 148. As invalidating a will, influence which substitutes the wishes of another for those of the testator; such influence as overcomes the free volition of the testator and substitutes the purposes of another. 57 Am J1st Wills §§ 350, 351. Strictly speaking, there is a difference between fraud and undue influence as grounds of a caveat. Undue influence may, in a general way, be characterized as fraudulent; but not all fraud amounts to undue influence in the meaning of the law. To constitute undue influence within the meaning of the law, there must be mental constraint, moral coercion, the substitution of external for internal agency. Franklin v Belt, 130 Ga 37, 60 SE 146.

Ballentine's law dictionary. . 1998.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • undue influence — n: 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 ◇ It is a doctrine of equity that a contract, deed, donation, or testamentary… …   Law dictionary

  • 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.Undue influence in contract lawIf undue influence is… …   Wikipedia

  • undue influence — ˌundue ˈinfluence noun [uncountable] LAW when unfair pressure is put on someone to enter into an agreement: • He was found guilty of misrepresentation and undue influence. * * * undue influence UK US noun [U] LAW ► a situation in which someone… …   Financial and business terms

  • Undue influence — Undue Un*due , a. 1. Not due; not yet owing; as, an undue debt, note, or bond. [1913 Webster] 2. Not right; not lawful or legal; improper; as, an undue proceeding. Bacon. [1913 Webster] 3. Not agreeable to a rule or standard, or to duty;… …   The Collaborative International Dictionary of English

  • Undue Influence — A situation in which an individual is able to persuade another s decisions due to the relationship between the two parties. In exerting undue influence, the influencing individual is able to gain an advantage. In contract law, a party claiming to …   Investment dictionary

  • undue influence — pernelyg didelė įtaka vartotojui statusas Aprobuotas sritis civilinė teisė ir procesas apibrėžtis Komercinės veiklos subjekto naudojimasis pranašesne padėtimi vartotojo atžvilgiu, darant jam spaudimą, net ir nenaudojant arba negrasinant naudoti… …   Lithuanian dictionary (lietuvių žodynas)

  • undue influence — /ˌʌndju: ɪnfluəns/ noun unfair pressure put on someone to sign a contract ● The salesforce were discouraged from exerting undue influence on prospective buyers …   Marketing dictionary in english

  • undue influence — unfair influence, illegitimate influence of one party on a contract that may deem a contract to be void …   English contemporary dictionary

  • undue influence — noun : such influence over another often presumed from the existence of very close relationships as destroys his free agency in the eye of the law : such influence as prevents a person from exercising his own will and substitutes in its place the …   Useful english dictionary

  • undue influence — noun Law influence by which a person is induced to act otherwise than by their own free will or without adequate attention to the consequences …   English new terms dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”