Attorney Geraldine advises her client, Rick, to enter a contract, which ultimately would have benefited Geraldine but not Rick. The test of whether the contract, if entered, is voidable based on undue influence is whether Geraldine's advice would have dominated the thinking of an ordinary, reasonable person rather than whether it dominated Rick's mind or emotions.

Question

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The test for undue influence is whether the advice or pressure exerted by one party (in this case, Geraldine) overcame the will of the specific individual involved (Rick), not whether it would have overcome the will of an ordinary, reasonable person. The focus is on the impact on the particular victim's mind or emotions.

Attorney Geraldine Advises Her Client, Rick, to Enter a Contract