Undue influence is the use of power or force to manipulate someone to act in a certain way or to make a choice that they would not ordinarily make. Generally, this occurs when one party has special knowledge or a particular relationship to the other party and exploits it gravely to gain an advantage or to make a particular decision. In legal situations, this can include taking advantage of someone who may be easily influenced due to age, illness, weakness, or a lack of understanding of their rights.
Examples of Undue Influence
In legal proceedings, undue influence is most commonly seen in situations where an elderly person changes their will or estate plans to benefit a family member or friend, or when certain parties are favored in a contractual agreement over those who do not have such relationships. Other common examples of undue influence include when a healthcare provider acts against an individual’s wishes, when someone is taken advantage of in a business transaction, or when a marriage or partnership is constrained by one party’s superior power.
Recognizing Signs of Undue Influence
When dealing with legal matters, it is important to look out for signs that one of the parties involved may be subject to undue influence. If one party has control of a particularly vulnerable individual, such as an elderly or ill person, and attempts to persuade them to make certain decisions or to sign documents, it should be treated with additional suspicion. Furthermore, if the individual doesn’t have enough understanding of the situation and isn’t making decisions willingly, then undue influence should be assumed.
The Consequences of Undue Influence in Legal Proceedings
When undue influence is identified, it puts the illegal agreement or situation in jeopardy, as the victims may be able to challenge the legality of the contract or agreement or seek damages. In other cases, the offending party may be held responsible for their actions and may face criminal sanctions. It’s important to note, however, that the court must be able to prove that the undue influence was in fact present in order for such action to be taken.
Conclusion
In summary, undue influence is the use of power or force to manipulate someone to act or make decisions against their true interests. It can have a serious impact on legal decisions and agreements, and it’s important to be aware of the signs of undue influence in order to protect yourself and others from potential harm.