What is undue influence in UK law?

Undue influence in English law is a field of contract law and property law whereby a transaction may be set aside if it was procured by the influence exerted by one person on another, such that the transaction cannot “fairly be treated the expression of [that person’s] free will”. …

What is meant by undue influence in law?

— (1) A contract is said to be induced by “undue influence” where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.

What is undue influence and example?

An example of actual undue influence includes one party threatening to end a relationship with the other unless they enter a specified contract. Another example may include one party constantly pestering and threatening to only stop if the other enters a specific transaction.

What are the types of undue influence?

Undue influence is divided into actual undue influence and presumed undue influence.

How is undue influence proved?

To succeed in pleading actual undue influence, the victim must prove (a) that the wrongdoer had the capacity to influence the victim; (b) that the influence was exercised; (c) that its exercise was undue.

Who Defined undue influence?

Undue Influence is defined under Section 16 of the Indian Contract Act. When one party is in a position to dominate the will of others and actually misuses the power, then it is a case of undue influence, and the contract becomes voidable.

Who has defined that undue influence?

Affecting Mental Capacity- It is an established law from Inder Singh v. Dayal Singh[7] that, “undue influence arises when one party taking the advantage of the temporary or permanent advantage of another’s mental condition executes a contract.

What is an example of undue influence in contract law?

Another example is if a family member is left out of a will, especially if they would have expected to be included. If the creator did not include his children in the will, that can be suspicious. Also, if an elderly loved one drastically changes their will, it could be a sign of undue influence.

What is undue influence synonym?

disproportionate, excessive, extravagant, extreme, immoderate, improper, inordinate, intemperate, needless, overmuch, too great, too much, uncalled-for, undeserved, unnecessary, unseemly, unwarranted.

Who can claim undue influence?

Undue Influence Definition and Meaning “Undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another person. This inequity in power between the parties can vitiate one party’s consent as they are unable to freely exercise their independent will.”