What constitutes undue influence
Applied in 3 court decisions — leading case 572 F. App'x 503 - Robert Mears v. Safeco Ins. Co. of Illinois (2014)
Most recently applied in 572 F. App'x 503 - Robert Mears v. Safeco Ins. Co. of Illinois (May 2014)
En
Undue influence consists of:
(1) the use by one in whom a confidence is reposed by another person or who holds a real or apparent authority over the other person of the confidence or authority for the purpose of obtaining an unfair advantage over the other person;
(2) taking an unfair advantage of another person's weakness of mind; or
(3) taking a grossly oppressive and unfair advantage of another person's necessities or distress.
Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.