1. The improper use of power or trust in a way that deprives a person of free will and substitutes another’s objective. • Consent to a contract, transaction, or relationship or to conduct is voidable if the consent is obtained through undue influence.
— Also termed implied coercion; moral coercion. [Cases: Contracts 96. C.J.S. Contracts §§ 4, 136, 139–140, 187, 189–194.]
“Undue influence is unfair persuasion of a party who is under the domination of the person exercising the persuasion or who by virtue of the relation between them is justified in assuming that the person will not act in a manner inconsistent with his welfare.” Restatement (Second) of Contracts § 177(1) (1979).
“When at the turn of the twentieth century, the common law doctrine of duress was expanded to provide relief for coercion irrespective of the means of coercion, much of the work of undue influence became unnecessary. The doctrine has a much more specialized role today, although often enough the precedents decided when the more general doctrine prevailed are cited and quoted to the general confusion of the profession. Today the gist of the doctrine is unfair persuasion rather than coercion. Euphoria rather than fear is often, but certainly not always, the state of mind of the party unduly influenced.” John D. Calamari & Joseph M. Perillo, The Law of Contracts § 9-9, at 351–52 (3d ed. 1987).
2. Wills & estates. Coercion that destroys a testator’s free will and substitutes another’s objectives in its place. • When a beneficiary actively procures the execution of a will, a presumption of undue influence may be raised, based on the confidential relationship between the influencer and the person influenced.
— Also termed improper influence; (formerly, in both senses) suggestion. See COERCION; DURESS. [Cases: Wills 154. C.J.S. Wills § 345.]
