Distinguish between undue influence and coercion?

Answer:
Coercion generally means to impose one's will on another by means of force or threats. Coercion may be accomplished through physical or psychological means.
Undue influence is a term often used in will contests to refer to outside pressures which negate the free will of the testator (will maker), so that the maker of the will lacks the necessary mental capacity for a valid will.
See related link below for a more in-depth definition:




Coercion (pronounced /co-er-shon/ or /koʊˈɜrʃən/) is the practice of forcing another party to behave in an involuntary manner (whether through action or inaction) by use of threats, intimidation, trickery, or some other form of pressure or force. Such actions are used as leverage, to force the victim to act in the desired way. Coercion may involve the actual infliction of physical pain/injury or psychological harm in order to enhance the credibility of a threat. The threat of further harm may lead to the cooperation or obedience of the person being coerced. Torture is one of the most extreme examples of coercion i.e. severe pain is inflicted on victims in order to extract the desired information from the tortured party


Undue influence (as a term in jurisprudence) is an equitable doctrine that involves one person taking advantage of a position of power over another person. It is where free will to bargain is not possible.
If undue influence is proved in a contract, in U.S. law, the contract is voidable by the innocent party, and the remedy is rescission. There are two categories to consider:
  • Presumed undue influence
  • Actual undue influence
First answer by Bob811. Last edit by Sandy358. Contributor trust: 0 [recommend contributor recommended]. Question popularity: 4 [recommend question].