Question

Where one party is in a position to dominate the will of another and uses his superior position to obtain the consent of a weaker party, the consent is said to be obtained by _______________.

• A. coercion
• B. undue influence
• C. fraud
• D. misrepresentation

Answer 1

The correct option is B undue influence

Section 16 of the Indian Contract Act, 1872 states that where relation between the parties to a contract are such that one is in a dominant position over the other and that position has been used to obtain undue advantage. Such contracts are voidable at the option of the party whose consent has been obtained through undue influence.