Question

According to the Contract Act under what circumstances is a person deemed to be in a position to dominate the will of another?

Q: Answer-According to the Contract Act under what circumstances is a person deemed to be in a position to dom...

Section 16.Undue influence defined 2 In particular and without prejudice to the generality of the foregoing principle, a person is deemed to be in a position to dominate the will of another a where he holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other or b where 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.

A When the person holds real or apparent authority over another and when making a contract with someone whose mental capacity is affected due to age or illness

B When the person stands in a fiduciary relation to another and when making a contract with someone regardless of their mental or bodily condition

C When the person has general authority and stands in a fiduciary relationship, or when making a contract with someone whose mental capacity is impaired

D When the person holds authority and the other party is aware of their mental or bodily distress

E When the person does not have the authority or stands in a fiduciary relationship

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