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Undue Influence - Definition

Written by Jason Gordon

Updated at December 24th, 2020

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What is Undue Influence?

An individual is said to exercise an undue influence over another if he takes advantage of the relationship he has with the other individual or his position to influence their decisions. 

Undue influence often occurs when there is inequity in power and status between parties. Generally it involves a situation in which one party tries to dominate or change other people's decisions due to the influence he has over them. 

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Academic research for Undue Influence

Unmasking undue influence, Madoff, R. D. (1996). Unmasking undue influence. Minn. L. Rev., 81, 571.

Do incentives exert undue influence on survey participation? Experimental evidence, Singer, E., & Couper, M. P. (2008). Do incentives exert undue influence on survey participation? Experimental evidence. Journal of Empirical Research on Human Research Ethics, 3(3), 49-56.

Undue Influence: Impaired Consent or Wicked Exploitation, Bigwood, R. (1996). Undue Influence: Impaired Consent or Wicked Exploitation. Oxford J. Legal Stud., 16, 503.

Fraud, undue influence and mental incompetency, Green, M. D. (1943). Fraud, undue influence and mental incompetency. Colum. L. Rev., 43, 176.

Measuring channel capacity to distinguish undue influence, Newsome, J., McCamant, S., & Song, D. (2009, June). Measuring channel capacity to distinguish undue influence. In Proceedings of the ACM SIGPLAN Fourth Workshop on Programming Languages and Analysis for Security (pp. 73-85). ACM.

Fraud, Undue Influence, and Mistake in Wills, Warren, J. (1928). Fraud, Undue Influence, and Mistake in Wills. Harvard Law Review, 41(3), 309-339.

Recurrent binge eating with and without the undue influence of weight or shape on self-evaluation: Implications for the diagnosis of binge eating disorder, Mond, J. M., Hay, P. J., Rodgers, B., & Owen, C. (2007). Recurrent binge eating with and without the undue influence of weight or shape on self-evaluation: Implications for the diagnosis of binge eating disorder. Behaviour Research and Therapy, 45(5), 929-938.

Undoing undue influence, Quinn, M. J. (2000). Undoing undue influence. Journal of Elder Abuse & Neglect, 12(2), 9-17.

Direct democracy, campaign finance, and the courts: Can corruption, undue influence, and declining voter confidence be found, Shockley, J. S. (1984). Direct democracy, campaign finance, and the courts: Can corruption, undue influence, and declining voter confidence be found. U. Miami L. Rev., 39, 377.

Why the testamentary doctrine of undue influence should be abolished, Spivack, C. (2009). Why the testamentary doctrine of undue influence should be abolished. U. Kan. L. Rev., 58, 245.

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