Improper influence occurs when an individual exploits their authority or trust to coerce another person into doing something against their will. This can occur in various contexts such as contracts, relationships, or even when creating a will. When someone is subjected to the dominance of another person or feels compelled to comply with their demands, it is referred to as undue influence. This practice is unjust and may also be illegal.
Improper influence refers to the use of power or trust to override a person’s free will and impose someone else’s objectives. This can occur in various scenarios, including contracts, transactions, relationships, and wills and estates. Undue influence is a form of improper influence that involves unjust persuasion of a person who is either under the control of the influencer or trusts them to act in their best interest. This can happen when someone exploits their power or position to manipulate another person into doing something they would not have done otherwise. For instance, if a wealthy businessman convinces a struggling artist to sign a contract that grants him all the rights to their artwork, this could be deemed as undue influence. The artist may feel compelled to sign the contract because they need the money, but they are not making an independent and informed decision. In the context of wills and estates, undue influence can occur when someone uses coercion to make a testator (the person making the will) alter their wishes or leave their assets to someone they would not have chosen otherwise. For example, if a caregiver persuades an elderly person to change their will and leave everything to them instead of their family, this could be considered undue influence. The caregiver may have taken advantage of their position of trust to manipulate the testator into making a decision that benefits them. Improper influence is a grave matter that can result in legal repercussions. If someone suspects that they have been unduly influenced, they may be able to challenge the contract or will in court and seek compensation or other remedies.
Improper influence refers to any attempt to influence a decision or action through unethical or illegal means, such as bribery, coercion, or intimidation.
Examples of improper influence include offering a bribe to a public official, threatening to harm someone if they don’t comply with your demands, or using your position of power to pressure someone into doing something they wouldn’t otherwise do.
Yes, improper influence is illegal and can result in criminal charges and penalties.
The punishment for improper influence can vary depending on the severity of the offense, but it can include fines, imprisonment, and loss of professional licenses or certifications.
Yes, a person can be charged with improper influence even if their attempt to influence the decision or action was unsuccessful.
Yes, a person can be charged with improper influence if they were involved in any way in attempting to influence the decision or action through unethical or illegal means.
Yes, ignorance of the law is not a defence for improper influence.
Yes, a person can be charged with improper influence even if they were acting on behalf of someone else, such as a company or organisation.
It is possible for a person to argue that they were coerced into attempting to influence the decision or action, but ultimately it will depend on the specific circumstances of the case.
If you suspect someone is attempting to use improper influence, you should report it to the appropriate authorities, such as law enforcement or a regulatory agency.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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