contract law · claim

Elements of Undue Influence

Quick Answer

What are the elements of Undue Influence?

Undue influence is a doctrine used to invalidate a contract or will based on the premise that one party has taken unfair advantage of their relationship with another. It typically involves a manipulative circumstance where the influencing party had a position of power or trust over the influenced party.

Required Elements

1. Relationship of Trust

The parties must have a special relationship that creates a position of trust, such as between parent and child or attorney and client.

What to prove: It must be shown that the influencing party had an authoritative or manipulative relationship with the influenced party, establishing a power imbalance.

2. Exploitation of Influence

The influencing party must have exerted pressure or influence over the influenced party at the time of the contract formation.

What to prove: Evidence must be provided showing that the influenced party acted against their free will or made decisions under pressure from the influencing party.

3. Disadvantage of the Influenced Party

The influenced party must have suffered some degree of disadvantage or harm related to the contract.

What to prove: It must be demonstrated that the resulting agreement was unfairly harmful or greatly disproportionate to the benefit received by the influenced party.

Burden of Proof

The burden rests on the party asserting undue influence, and the standard is generally 'preponderance of the evidence'.

Available Defenses
  • Voluntary Acceptance
  • Independent Advice
Common Fact Patterns
  • A caregiver influences a vulnerable elderly person to change their will in favor of the caregiver.
  • An attorney pressures a client into signing a contract that disproportionately favors the attorney.
Exam Tip

Expect exam questions to test your ability to identify relationships that may suggest undue influence and to analyze fact patterns where trust and pressure interact.

Key Cases
  • Reed v. The Bishop of Rochester
  • In re Estate of Mark E. Kelsey
  • Odell v. Morrow

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