Question

    Where a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon _________________

    A Person in a position to be dominated by the other Correct Answer Incorrect Answer
    B Person in a position to dominate the will of the other Correct Answer Incorrect Answer
    C Any person who has apprehension of another person being dominated Correct Answer Incorrect Answer
    D Either a, b or c Correct Answer Incorrect Answer
    E Both a & b Correct Answer Incorrect Answer

    Solution

    Contract Act  Explanation: Section 16. "Undue influence" defined: (3) Where a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other.

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