Undue Influence Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Undue Influence, written in plain English, along with examples of how it is used.

What is Undue Influence?

History and Meaning of Undue Influence

Undue influence is a legal concept that has been recognized for centuries in common law jurisdictions. It's a type of mental and emotional coercion that leads a person to act contrary to their own wishes or interests, often resulting in an unfair advantage for the person exerting the influence. The practice of undue influence has been used in a wide range of contexts, including contractual agreements, wills, and gifts.

In legal terms, undue influence is defined as the pressure, coercion or influence exerted by some person on another person, with an intention to influence their presence of mind for drawing undue benefits from them, which they would not have granted in the normal course. In situations where it is suspected that undue influence has been used to gain an advantage, the effect of the influence is considered and evaluated to determine if it warrants intervention by a court of law.

Examples of Undue Influence

1. An elderly person who is coerced by their caregiver to change their will in favor of the caregiver, to the detriment of the person's natural heirs.

2. A broker who coerces a client into an unfavorable investment deal by withholding important information or making misleading promises.

3. An employer who pressures an employee into signing an employment contract that is unfair or biased in favor of the employer.

Legal Terms Similar to Undue Influence

1. Coercion - The use of force or threats to make someone do something against their will.
2. Duress - The use of force or threats to make someone do something against their will, usually in a criminal context.
3. Fraud - The intentional misrepresentation or concealment of important information to gain an advantage over another person.