Question
Under Section 16 of the Indian Contract Act, 1872,
"Undue Influence" is: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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