Question

Under Section 16 of the Indian Contract Act, 1872, a person is deemed to be in a position to dominate the will of another in which of the following situations?

Q: Answer-Under Section 16 of the Indian Contract Act, 1872, a person is deemed to be in a position to dominat...

Section 162 of the Act deems a person to be in a position to dominate the will of another where a he holds a real or apparent authority over the other, or stands in a fiduciary relation to the other or b 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. Mere superior bargaining power in an arms-length commercial dealing, a bare creditor-debtor relationship, or inadequacy of consideration by itself does not constitute domination of will.

A where the other party is a minor and the contract is for the benefit of the minor.

B where the two parties are related to each other by blood or marriage.

C where he holds a real or apparent authority over the other or stands in a fiduciary relation to him, or where the other's mental capacity is temporarily or permanently affected by age, poverty, distress or illiteracy.

D where the contract is entered into between two persons belonging to the same trade or profession.

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