Consists of legal proposition(s) principle(s) (herein after referred to as 'principle') and facts. Such principle may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles those are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to testy your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
Principle: Where one of the parties to a contract was in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate the decision of the other party.
Fact: A doctor asked his patient to make a payment of rupees Ten Lakh for treatment of his fever. The patient paid an amount of rupees Five Lakh and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.
The contract is not enforceable as doctor was in dominating position
The contract is enforceable against the patient by the doctor
The contract is enforceable against the doctor
The contract is not enforceable without the consent of the patient
The correct option is C The contract is enforceable against the patient by the doctor
The contract is enforceable against the patient by the doctor.
The contract between the doctor and patient has the essential of Consideration. The patient is supposed to pay the remaining $$5$$ lakhs after the surgery. The doctor has recovery rights and should be paid the remaining money by the patient.