Also known as: unduly · excessive · unwarranted
Written by attorneys · grounded in primary & secondary sources — see below
Excessive or unwarranted in degree or amount.
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Urban Utley sued Unity Capital for breach of a supply contract. Unity offered records of ongoing settlement talks to counter Utley's assertion that the filing delay was excessive. The court admitted the evidence to show the delay was not undue.
Ugo Ucelli contracted with Urban Logistics to deliver goods. After breach, Ucelli could have rerouted shipments at modest cost but did not. The court denied recovery for the extra loss because it could have been avoided without undue risk or burden.
Uriah Urban executed a new will leaving his estate to his caregiver. Evidence showed the caregiver isolated Urban from family and repeatedly urged the change. The court set aside the will because the transfer was procured by undue influence that overcame Urban's free will.
Ulysses Usher, an unmarried student, was denied access to contraceptives under a state law that allowed distribution only to married couples. The court struck down the statute because the privacy right protects individuals from undue governmental intrusion into decisions about procreation.
After Ursula Ung's death, her son contested her will, claiming the neighbor who drafted it exerted excessive pressure. The court placed the burden on the contestant to establish undue influence, fraud, or duress by a preponderance of the evidence.
Umar Underwood received a subpoena requiring production of ten years of personal financial records in a commercial dispute. He moved to quash, showing the request would require hundreds of hours of review. The court granted the motion because compliance would impose an undue burden.
The contestant must show that the wrongdoer exerted influence that overcame the donor's free will and caused a transfer the donor would not otherwise have made.
The court may admit the evidence when offered for another purpose such as negating a contention of undue delay.
A subpoena imposes an undue burden when compliance would require excessive time, expense, or effort that is not justified by the needs of the case.
No. Damages remain recoverable to the extent avoidance would have required undue risk, burden, or humiliation.
…in Eisenstadt v. Baird , 405 U. S. 438, 453, we recognized "the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child." That right necessarily includes the right of a woman to decide…