Explain Undue Influence

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The Answer is The basic idea behind undue influence is to protect the old, the timid, and the physically or mentally weak from those who gain their confidence and attempt to take advantage of them. Victims of undue influence must have the mental capacity to contract but lack the ability to adequately protect themselves against unscrupulous persons who gain their confidence. In most states, a confidential relationship raises a presumption of undue influence that the benefiting party must disprove.
Most of the cases in which undue influence is charged involve relatives, friends, or long-time advisors (such as lawyers or bankers) of an elderly or sick person, who are alleged to have gotten the victim to make gifts or sales at unfair prices. In determining whether under influence occurred, each case is very fact-specific.

Explain Undue Influence

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