(a) Inability to dominate will of other.
(b) A party unduly influencing and another party being unduly influenced are on equal footing.
(c) A relationship involving trust and confidence.
(d) In a relationship, one party is a person in mental distress.
Understanding Undue Influence Elements
Undue influence in law refers to situations where one person uses their position of power or trust to unfairly persuade another person, compromising their free will. To identify the parts of undue influence, we need to evaluate each statement:
Statement Analysis
- Statement (a): Inability to dominate will of other. This is incorrect. Undue influence requires the *ability* of one party to dominate the will of another.
- Statement (b): A party unduly influencing and another party being unduly influenced are on equal footing. This is incorrect. Undue influence usually arises when the parties are *not* on equal footing, with one holding a dominant position.
- Statement (c): A relationship involving trust and confidence. This is a key aspect. Undue influence often occurs in relationships where one party relies heavily on the trust and confidence they place in the other (e.g., fiduciary relationships).
- Statement (d): In a relationship, one party is a person in mental distress. This is also correct. A person suffering from mental distress, illness, or even age-related weakness can be more susceptible to undue influence because their ability to make independent decisions is impaired.
Conclusion on Undue Influence
Based on the analysis, statements (c) and (d) accurately describe conditions related to undue influence. Therefore, the correct combination is (c) and (d) only.
Important Questions from Law Relating To Contracts
A contract is said to be discharged by rescission:
A. When terms of a contract are altered
B. When a party makes novation of a contract
C. When an aggrieved party exercises his option to avoid the contract
D. When a party to a contract waives his rights under the contract
E. Where none of the parties has performed its part for a long time and no other party has objected against it
Choose the correct answer from the options given below:
Which of the following statements are TRUE in a contractual capacity?
A. Law presumes that every person is competent to contract unless otherwise proved
B. That a minor can make a contract for necessities of life
C. That a person of unsound mind can enter into the family contracts
D. A convict cannot enter into a valid contract nor can sue
E. That a wife can always make valid business contracts and bind her husband
Choose the correct answer from the options given below:
- Under the Equal Remuneration Act, 1976, which of the following is prohibited ?
- What does psychological emotional abuse include ?
(a) Failure to provide adequate food or clothing.
(b) Provide basic education.
(c) Striking a child
(d) Engaging in a Sexual act or shaming a child.
Choose the correct answer from the options : - What is the purpose of 'The One Stop Centers mentioned in the context of gender-based violence ?
