Question

    According to the Contract Act under what circumstances

    is a person deemed to be in a position to dominate the will of another?
    A When the person holds real or apparent authority over another Correct Answer Incorrect Answer
    B 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 Correct Answer Incorrect Answer
    C When the person stands in a fiduciary relation to another and when making a contract with someone regardless of their mental or bodily condition Correct Answer Incorrect Answer
    D When the person has general authority and stands in a fiduciary relationship, or when making a contract with someone whose mental capacity is impaired Correct Answer Incorrect Answer
    E When the person holds authority and the other party is aware of their mental or bodily distress Correct Answer Incorrect Answer

    Solution

    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.

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