Which of the following relationships raise presumptions of undue influence? a. Parent and child b.…
Under Section 16(2) of the Indian Contract Act, 1872 and established judicial precedents, a legal presumption of undue influence arises in fiduciary relationships where one…
Choose your answer
Which of the following relationships raise presumptions of undue influence?
a. Parent and child
b. Doctor and patient
c. Husband and wife
d. Fiance and fiancee
e. Creditor and debtor
Answer and explanation
Correct answer B
Under Section 16(2) of the Indian Contract Act, 1872 and established judicial precedents, a legal presumption of undue influence arises in fiduciary relationships where one party stands in a position of active confidence, including (a) Parent and child, (b) Doctor and patient, and (d) Fiancé and fiancée. However, the law raises no automatic presumption of undue influence between (c) Husband and wife or (e) Creditor and debtor (a, b and d only).
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UGC NET Commerce