Undue influence
Undue influence is a legal concept that arises when one individual is coerced into making decisions that are contrary to their own free will, often through manipulation by another party. This phenomenon frequently occurs in contexts such as contract agreements and the drafting of wills, where the influence exerted can impact the legitimacy of the agreement. To establish a claim of undue influence, certain legal criteria must be met, including evidence that the pressured individual acted against their own will and that the influencer stands to benefit from the decision.
Relationships that typically foster undue influence include those with inherent power imbalances, such as between parents and children, doctors and patients, or employers and employees. For example, an employer might pressure an employee to sign a nondiscrimination agreement in exchange for severance benefits, or a doctor may encourage a patient to undergo a procedure against their wishes. This issue is particularly significant among vulnerable populations, such as the elderly, who may feel particularly helpless and susceptible to pressure. Proving undue influence can be challenging, as these interactions often occur in private without witnesses, requiring careful documentation of the circumstances surrounding the decision-making process. Understanding undue influence is crucial for recognizing and safeguarding against potential abuses in various legal and personal contexts.
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Undue influence
Undue influence is a legal term that refers to a situation in which one person is convinced to act in a way contrary to their own will by another. It is a factor in agreeing to contracts, drafting wills, and other decision-making situations. If undue influence can be proven to the satisfaction of legal requirements, agreements can sometimes be voided.
Overview
There are specific factors that need to be in place for contracts and other legal agreements to be binding to both parties. These can vary depending on the type of contract or agreement. However, in general, most contracts require definable terms, some form of consideration or compensation, acceptance of the terms, and mutuality of agreement.
Defining the terms means that the specific aspects each party will do according to the agreement are clearly set out. Consideration refers to the payment or compensation that will be given in exchange for meeting the terms of the contract. This can be financial compensation, an exchange of services, or some other means for one of the parties to compensate the other. Acceptance and mutuality mean that both parties need to understand the terms and be free to accept or reject them prior to entering the agreement.
In the case of wills or other situations in which a person is making a decision with legal consequences, the person must be free to make the decision without pressure or any form of force. Providing advice or suggestions is permissible. However, there should be no efforts to coerce the person into making a specific decision.
When a person entering a contract or completing a will or other agreement is pressured or tricked into taking a specific action, it can be regarded as undue influence. There are specific legal requirements that must be met to prove undue influence. However, it is more likely to be considered undue influence if the decision is made against the person's will or if the person who is doing the influencing will benefit from the action in some way.
Undue influence often occurs when the person doing the influencing has real or perceived power over the person making the decision. Known as special relationships, they include such situations as parents and children, doctors and patients, bosses and employees, and creditors and those who owe them money. The inequality in the relationships can sometimes lead to situations in which the person with the power interferes with the free will of the other party.
For example, an employer may tell an employee who is being laid off that the promised severance package will only be paid if the employee signs an agreement that there was no discrimination involved in the termination. A doctor may exert pressure on a patient to have a procedure against their will. The situation is a particular concern with older adults, who may be easily pressured.
In these cases, the person who was pressured may be able to void the agreement if the pressure can be documented. Proving the claim usually involves demonstrating that one of the parties had a weakness that was exploited by the other party. However, it can be difficult since the related discussion usually happens without witnesses.
Bibliography
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Rosenblatt, Carolyn. "Is 'Undue Influence' a Problem for Your Aging Parent?" Forbes, 15 June 2015, www.forbes.com/sites/carolynrosenblatt/2015/06/15/is-undue-influence-a-problem-for-your-aging-parent/#746294f35905. Accessed 23 Jan. 2025.
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"Undue Influence." Investing Answers, www.investinganswers.com/financial-dictionary/personal-finance/undue-influence-6100. Accessed 23 Jan. 2025.
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