Undue influence is a legal term referring to a situation in which one party arranged a contract with another party by utilizing an unfair advantage of power. In the event of a lawsuit over due influence, it must be proven that an individual has been exploited for the purpose of creating a contractual agreement that would otherwise have been vetoed by the other party.
The exploited weakness may be related to poor judgment on behalf of the individual(s). Psychology and psychiatry experts are often requested to provide expert opinion on the mental state of whichever party had been taken advantage of in making the agreement in question. If an individual is deemed mentally incapable to have made such an agreement at the time of the contractual decision, the contract is considered a result of undue and influence and is therefore invalid as a binding document.
Undue influence may occur under any circumstance involving a legal agreement, so the expert retained for the lawsuit will vary depending on the background of each particular case. If an individual is coerced into signing away property, for example, in a time when his or her mental capacity and/or judgment may be under question due to either advanced age or mental illness, experts psychology or psychiatry, and real estate law would be relevant if such a situation were to occur.
Call our office today or submit an expert request form to find a qualified and experienced undue influence expert witness for your case.