Question

    Under Section 16 of the Indian Contract Act, 1872,

    "Undue Influence" is:
    A Any kind of pressure Correct Answer Incorrect Answer
    B When one party is in a position to dominate another's will and uses that position to obtain unfair advantage Correct Answer Incorrect Answer
    C When parties disagree Correct Answer Incorrect Answer
    D When a minor is a party Correct Answer Incorrect Answer
    E When written consent is not obtained Correct Answer Incorrect Answer

    Solution

    Section 16 defines undue influence as a situation where one person is in a position to dominate another person's will and uses that position to obtain an unfair advantage. This applies to relationships like parent-child, guru-disciple, trustee-beneficiary, and doctor-patient. The burden of proof lies on the party claiming undue influence if the relationship is one that ordinarily produces undue influence. [Citation: Section 16, Indian Contract Act, 1872; Allcard v. Skinner (1887)]

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