Undue Influence
Legal Definition and Related Resources of Undue Influence
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Undue Influence
Such influence by one party on another that the latter, acting under the influence, may be said not to be exercising his free and independent volition. See Cameron v Cameron, (Mont.) 587 P.2d 939. Where two persons stand in such a relation that, while it continues, confidence is necessarily imposed by one and the influence which naturally growns out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage an advantage at the expense of the confiding party, then a case of undue influence is made out so that the party availing himself of his position will not be permitted to retain the influence. The term has also been defined as conduct which amounts to over persuasion, duress, force, co or artful or fraudulent contrivances to such a degree that there is destruction of the free agency of will on the part of the person making the disposition. See In Re Carpenter's Estate, (Fla.App.) 239 So. 2d 506.
Undue Influence Alternative Definition
Any improper constraint, machination or urgency of persuasion whereby the will of a person is overpowered, and he is induced to act otherwise than he would have done. It has been said to imply more subtle influence than "duress" (see Story, Eq. Jur. § 239), but has been held to include threats and vio< lence, in which use it is S3monymous with "duress" (33 N. J. Eq. 494). As used in respect to wills, it includes duress.
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Undue Influence in Historical Law
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Related Legal Terms
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Mentioned in these terms
Consent, Contentious, Inadequate, Moral Duress, Release.
Undue Influence Legal Definition
Whatever makes a person do something he would not do if left to himself.
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This definition of Undue Influence is based on the The Cyclopedic Law Dictionary. This entry needs to be proofread.
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English Spanish Translation of Undue influence
Intimidación, violencia moral (Derecho procesal), temor reverencial
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Undue influence in Law Enforcement
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Law Enforcement Officer
Police
Law Enforcement Agency
Further Reading
Concept of Undue Influence in the context of Real Property
A short definition of Undue Influence: Influence used to destroy the will of another so that his decision is not his free act.
Concept of Undue Influence in the context of Real Property
A short definition of Undue Influence: Influence used to destroy the will of another so that his decision is not his free act.