Undue Influence in Europe
Definition of Undue Influence
The equitable doctrine of undue influence is that where a person enters into an agreement or makes a disposition of property under such circumstances as to show or give rise to the presumption that he has not been allowed to exercise a free and deliberate judgment on the matter, the Court will set it aside. Such a presumption chiefly arises in cases where the parties stand in a relation implying mutual confidence, e.g., parent and child, guardian and ward, trustee and cestui que trust, legal adviser and client ; but it may be rebutted by showing that the transaction was in fact reasonable and entered into in good faith. See Allcard v. Skinner; Huguenin v. Basely
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Definition of Undue Influence is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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