The question (13 marks)
Define undue influence. Explain when a person is deemed to be in a position to dominate the will of another, when the burden of proof shifts, and what relief the law gives to a party whose consent was so obtained. (13 marks)
MU Module II; pack ch. 05 (undue influence, ss. 16, 19-A)
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Enforceability and free consent of Law of Contract and Specific Relief.
Authorities you will need
- Indian Contract Act 1872, ss. 10, 13, 14, 16, 19-A, 64, 66
- Raghunath Prasad Sahu v Sarju Prasad Sahu (1924) 51 IA 101
- Subhas Chandra Das Mushib v Ganga Prasad Das Mushib
- Wajid Khan v Raja Ewaz Ali Khan (1891) 18 IA 144
- Mannu Singh v Umadat Pande (1890) ILR 12 All 523
- Lakshmi Amma v Talengala Narayana Bhatta
- Krishna Mohan Kul v Pratima Maity (2004) 9 SCC 468
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.