Actual Undue Influence

Definition

Actual undue influence occurs when one party exerts excessive pressure on another party to the point that the latter's free will is overpowered in making a decision, often resulting in an unfair advantage. This concept emphasizes the direct actions and manipulations by the influencing party, distinguishing it from other forms of influence where coercion might not be as clear. It typically arises in relationships where trust or authority exists, like between a caregiver and a dependent or between an attorney and a client.

5 Must Know Facts For Your Next Test

1. Actual undue influence can be proven by showing that the influenced party was unable to make independent decisions due to the overpowering influence of the other party.
2. The existence of a confidential or fiduciary relationship is often a key factor in establishing actual undue influence.
3. It must be demonstrated that the influencing party had knowledge of their influence over the other party's decision-making process.
4. Courts will look for evidence of pressure tactics or manipulation, such as threats, emotional coercion, or misleading promises.
5. Contracts formed under actual undue influence are generally voidable at the option of the influenced party, meaning they can choose to affirm or rescind the contract.

Review Questions

• How does actual undue influence differ from duress in legal terms?
  • Actual undue influence differs from duress mainly in the nature of pressure applied. While duress involves overt threats or coercion that force a party to act against their will, actual undue influence relies on subtle manipulation where one party takes advantage of their position over another. In cases of actual undue influence, there may not be explicit threats, but rather a significant imbalance of power that compromises the influenced party's ability to make free decisions.
• What role do fiduciary relationships play in establishing cases of actual undue influence?
  • Fiduciary relationships are crucial in establishing cases of actual undue influence because they inherently involve trust and reliance. When one party holds a position of power over another, such as in relationships between guardians and wards or attorneys and clients, it becomes easier to demonstrate that the influencing party exerted pressure that affected the decision-making process. The law often scrutinizes these relationships closely to protect those who are vulnerable to undue influence.
• Evaluate how courts assess claims of actual undue influence when determining if a contract should be voided.
  • Courts assess claims of actual undue influence by examining the relationship dynamics between the parties involved, looking for signs of manipulation or pressure tactics. They analyze whether there was an imbalance of power and whether the influenced party had the capacity to make informed decisions. Additionally, courts consider any evidence that shows how one party's actions may have undermined the other's autonomy. If it is determined that actual undue influence was present, courts generally grant remedies that allow the influenced party to void the contract.

Related terms

Duress:

Duress refers to a situation where a person is forced or threatened to act against their will, making any agreement they enter into unenforceable.

Fiduciary Duty: A fiduciary duty is a legal obligation of one party to act in the best interest of another, often seen in relationships such as those between trustees and beneficiaries.

Misrepresentation:

Misrepresentation involves providing false information or omitting crucial facts that lead another party to enter into a contract based on incorrect assumptions.