Page 18 - 01. Indian Contract Act, 1872

(iii) Religious/spiritual guru and Discipline

(iv) Doctor and patient
(v) Solicitor and client

(vi) Trustee and beneficiary
(vi) Fiance and Fiancee

 Relationship where dominant position is not presumed but has to be proved
by the aggrieved party:

(i) Creditor and Debtor

(ii) Landlord and Tenant

(iii) Husband and tenant

 This presumption can be rebutted by showing that

(i) full disclosure of all materials facts was made

(ii) adequate consideration was there, and
(iii) weaker party was in receipt of independent legal advice

Differences between coercion and undue influence

Coercion Undue influence

1 It involves the physical force or In involves moral or mental

threat pressure
2 It involves committing or No such illegal act is committed or

threatening to commit any act a threat is gives.
forbidden by IPC

3. Relationship between the Some sort of relationship between
parties is not necessary the parties is absolutely

4 It need not be proceeded from It is always exercised between the

the promisor or directed parties

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