Legal Definitions - due influence

Due influence refers to the legitimate and appropriate sway one person has over another, typically through normal persuasion, reasoned argument, or appeals to affection within a relationship. This type of influence is considered acceptable because it respects the other person's free will and ability to make their own decisions, rather than overpowering their judgment through manipulation or coercion.

Here are some examples to illustrate due influence:

• Example 1: Parental Guidance

  A parent discusses career options with their adult child, sharing their experiences and offering advice on pursuing a particular field they believe offers stability and growth. The child considers this advice carefully and ultimately decides to follow their parent's suggestion, feeling it aligns with their own goals after reflection.

  This illustrates due influence because the parent's advice is offered out of genuine care and experience, and the child freely chooses to accept it after their own consideration, without feeling pressured or manipulated.

• Example 2: Professional Recommendation

  A seasoned architect advises a client on the best materials and design choices for their new home, explaining the benefits of certain options in terms of durability, cost-effectiveness, and aesthetic appeal. The client, trusting the architect's expertise, agrees to incorporate these recommendations into the final plans.

  This demonstrates due influence as the architect's sway comes from their professional knowledge and experience, providing informed guidance that the client willingly accepts based on sound reasoning, not coercion.

• Example 3: Charitable Persuasion

  During a fundraising drive, a respected community member passionately explains to their neighbors the critical need for donations to a local food bank, detailing how contributions will directly help vulnerable families. Moved by the compelling arguments and the community member's sincerity, several neighbors decide to donate.

  This shows due influence because the community member uses persuasive arguments and appeals to empathy to encourage charitable giving. The neighbors are free to donate or not, and their decision is a result of legitimate persuasion rather than undue pressure.