undue influence

Influence that prevents someone from exercising an independent judgment with respect to any transaction. A contract or gift procured by the exercise of undue influence is liable to be set aside by the courts. The exercise of undue influence must normally be proved affirmatively - it must be shown that there is a dealing or transaction in which an unfair advantage has been taken of another person. However, in the case of certain relationships (for example, between parent and child, doctor and patient, solicitor and client) undue influence is presumed to be exercised in the absence of evidence to the contrary.