When is a person deemed to be in a position to dominate the will of another?

The term undue influence refers to dominating the will of the other person to obtain an unfair advantage over the other. According to Section 16 (1) of the Indian Contract Act, undue influence is defined as “A contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. According to Section 16(2), a person is deemed to be in a position to dominate the will of another in the following situations:

He holds a real or apparent relation to the other: For example, master and servant, parent and child, Income Tax Officer and assessee. principal and a temporary teacher.

He stands in a fiduciary relation to the other: This means that the relation is based on trust and confidence. It includes the relationship of trustee and beneficiary, spiritual adviser and his disciples, doctor and patient, solicitor and client. It should also be noted that undue influence cannot be presumed between husband and wife, landlord and tenant, and creditor and debtor.

He makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress: People of weak intelligence. old” age, indifferent health or those who are illiterate can be influenced.

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