Undue influence is not presumed when the relationship between the parties is______.

Master-servant

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Doctor-patient

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Husband-wife

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Shopkeeper-buyer

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Solution

The correct option is D Shopkeeper-buyer
The Exposure of goods by a shopkeeper does not amount to an offer to sell. On picking the goods, it is an offer by the customer to buy, and sale is not effected until the buyer’s offer price is accepted by the shopkeeper. Hence, undue influence is not presumed.

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Similar questions

Q. Legal Principle:
1. The act of using influence on another and taking undue advantage of that person is called undue influence.
2. In order to prove undue influence, there has to be a pre-existing relationship between the parties to a contract.The relationship has to be of such a nature that one is in a position to influence the other.If it is proven that there has been so influenced need not enforce the contract or perform his obligations under the contract.

Factual Situation: A, advances a sum of money to his son, B during his minority. When B becomes major, A by misusing his parental influence, gets a bond from B, of an amount more than the amount due. B refuses to give the amount stated in the bond.
Issue: Is B bound by the bond?

Q. When consent is obtained under undue influence,the contract is termed as _______.

Q. When consent to an agreement is caused by undue influence, the contract is _____________.

Q. Legal Priinciples
Rules:
A. The act of using threat to enter into a contract is called coercion.
B. The act of using influence on another and taking undue advantage of that person is called undue influence.
C In order to prove coercion, the existence of the use of threat, in any form and manner, is necessary. If coercion is proved, the person who has been so threatened can refuse to abide by the contract.
D In order to prove undue influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature that one is in position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligation, under the contract.

Facts:

Aadil and Baalu are best friends. Aadil is the son of a multi-millionaire businessman, Chullbul, who owns Maakhan pharmaceuticals. Baalu is the son of a bank employee , Dhanraj . One day, Aadil is abducted from his office by Baalu. Chulbul receives a phone call from Dhanraj telling him that if he does not make Baalu the CEO of Maakhan Pharmaceutical, Aadil will be killed. Chulbul reluctantly agrees to make Baalu the CEO. Subsequently, Chulbul and Baalu sign an employment contract. However , as soon as Aadil is released and safely returns home, Chulbul tells Baalu that he shall not enforce the employment contract. Baalu and Dhanraj are not sure to what is to be done next.
Baalu will succeed in getting the employment contract enforced if he can show that ____________________.

Q. Rules
A. The act of using threats to force another person to enter into a contract is called coercion.
B. The act of using influence on another and taking undue advantage of that person is called undue influence.
C. In order to prove coercion, the existence of the use of threat, in any form and manner, is necessary. If coercion is proved, the person who has been so threatened can refuse to abide by the contract.
D. In order to prove undue-influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract.
Facts
Aadil and Baalu are best friends. Aadil is the son of multi millionaire business person, Chulbul who owns Maakhan Pharmaceuticals. Baalu is the son of a bank employee, Dhanraj. One day, Aadil is abducted from his office by Baalu. Chulbul receives a phone call from Dhanraj telling him that if he does not make Baalu the CEO of Maakhan Pharmaceuticals, Aadil will be killed. Chulbul reluctantly agrees to make the Baalu the CEO.
Subsequently Chulbul and Baalu sign an employment contract. However as soon as Aadil is released and safely returns home, Chulbul tells Baalu that he shall not enforce the employment contract. Baalu and Dhanraj are not sure as to what is to be done next.
Baalu will succeed in getting the employment contract enforced if he can show that

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