Describe Undue Influence in your terms

Question

Describe Undue Influence in your terms?

Answer 1

Undue influence refers to improper use by one person of power he/she has over another person to compel the other person to enter into an assured agreement. As court has to search excessive pressure, intellectual dominance via 1 party over another is required to such a degree while to rob former of his/her free will. An agreement accomplished throughout excessive persuade is voidable at option of victim, provided he/she acts promptly upon individual freed from the domination.

Undue influence is presumed if there is a special relationship between the parties such as accountant/lawyer/doctor and client; teacher and student; trustee and beneficiary; or parent and child. The "stronger" party may rebut the presumption by showing that no undue influence was exerted. A special relationship is one where there is a history of a relationship of trust and confidence between the parties such that the influenced party believes the stronger party is acting in his or her best interest. The courts have tended to reject allegations of undue influence where the parties have received independent legal advice at the time of the contract.