What does "undue influence" involve?

The concept of "undue influence" involves a situation where one party exerts an excessive influence over another, compromising the latter's ability to make free and informed decisions. This typically occurs in relationships where there is a power imbalance, such as between a caregiver and a dependent individual or between a trusted advisor and their client. The essence of undue influence is that the influenced party does not fully retain their free will; instead, their ability to act independently is manipulated, often resulting in decisions that they would not have made otherwise if the influence had not been present.

In legal terms, for a claim of undue influence to be established, it must be shown that the influencing party had a special relationship with the influenced party, along with the ability to dominate their will. This scenario emphasizes the importance of autonomy in decision-making, particularly in contracts or agreements where consent is crucial. Thus, the involvement of compromised free will due to one party’s influence clearly captures the essence of undue influence.