Undue Influence
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Definition of 'Undue Influence'
Undue influence is a type of fraud in which someone uses their position of power or trust to persuade another person to make a decision that they would not have made otherwise. This can include financial decisions, such as signing a contract or making a gift.
Undue influence can be difficult to prove, but there are a few things that can be considered. First, the relationship between the two parties is important. If the person who is being influenced is in a position of dependence on the other person, such as a child or a patient, this can make it more likely that undue influence has occurred. Second, the nature of the decision being made is also important. If the decision is significant, such as giving away a large sum of money, this can also make it more likely that undue influence has occurred.
Finally, the conduct of the person who is alleged to have exerted undue influence is important. If they have used threats, intimidation, or other coercive tactics, this can be evidence of undue influence.
If you believe that you have been the victim of undue influence, it is important to seek legal advice. An experienced attorney can help you to understand your rights and options, and can represent you in court if necessary.
Undue influence can be difficult to prove, but there are a few things that can be considered. First, the relationship between the two parties is important. If the person who is being influenced is in a position of dependence on the other person, such as a child or a patient, this can make it more likely that undue influence has occurred. Second, the nature of the decision being made is also important. If the decision is significant, such as giving away a large sum of money, this can also make it more likely that undue influence has occurred.
Finally, the conduct of the person who is alleged to have exerted undue influence is important. If they have used threats, intimidation, or other coercive tactics, this can be evidence of undue influence.
If you believe that you have been the victim of undue influence, it is important to seek legal advice. An experienced attorney can help you to understand your rights and options, and can represent you in court if necessary.
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