The under influence condition under which consent shall not be call to be free
When one party to the agreement compels the other party to give his consent against his will because he stands in such a position that he can exercise his pressure to persuade the other party to do so, it is a case of undue influence. Undue influence is said to exist where some special kind of relationship exists between the two parties.
According to Sec. 16 of the Indian Contract Act, “A contract is said to be induced by ‘undue influence’ where relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and use that position to obtain an unfair advantage over the other.”
There are some such relationships between the
teacher-student, father-son, doctor-patient, pleader-client, etc., that one party could Influence the wishes of the other party. In these contracts, the onus of proof, that the undue influence has been exercised, shall be upon the person upon whom such influence has been exercised.
(a), Narendra had advanced money to his son, Mohan, during his minority. Upon Mohan’s attainingnmajority, Narendra obtains, by misusing the parental influence, a bond from Mohan for a greater sum than the actual sum advanced. Narendra is said to have used undue Influence.
(b) Devesh, suffering from some disease, is induced by Nilesh, his medical attendant, to pay him an unreasonable sum for his medical services. Nilesh is deemed to have exerted undue influence as a medical attendant over his patient, Devesh.
Effect of Undue Influence: When consent of the
parties to an agreement is caused by undue influence, the agreement is voidable at the option of the party whose consent was so obtained. Such a contract may be set aside absolutely. If the party who is entitled to avoid the contract, has received any benefit there under, may validate it upon the terms and conditions as the court may seem just and equitable.