Abstract:
In certain instances the law recognizes that a person's free
will may be so influenced by another that agreements made
by that person should be set aside. The primary
philosophical basis for this doctrine of 'undue influence' is
respect for individual autonomy and the need to ensure that
people have freely chosen a course of action, before the law
will make that course of action binding upon them. In the
past, the doctrine of undue influence was confined to
situations involving the transfer of property (such as gifts,
wills or purchases). But the doctrine is also relevant to
consents to medical treatment, most commonly in cases
where a patient refuses treatment because of the influence
of family members. The purpose of this article is to provide
a general outline of the legal concept of undue influence and
then to consider its recent application in medical lawsuits.
