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undue influence An agreement procured by the undue influence of one party is voidable at the option of the other party. Undue influence includes any influence by which the exercise of free and deliberate judgment is excluded. Undue influence is presumed until the contrary is proved when the relation of the parties is such that one is entitled to the confidential advice of the other, as in the case of a solicitor and client, of a trustee and his cestui que trust, and of a parent contracting with a child who has just come of age. In other cases of confidential relationship, the party seeking to avoid a contract must prove undue influence. (Button and Shannon on Contracts). |