Principle: Where one of the parties to a contract was in position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate decision of the other party.Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.a)The contract is enforceable against the doctor.b)The contract is enforceable against the patient.c)The contract is not enforceable.d)The contract is not enforceable against the patient.Correct answer is option 'B'. Can you explain this answer?

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Principle: Where one of the parties to a contract was in position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate decision of the other party.

Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.

a)
The contract is enforceable against the doctor.
b)
The contract is enforceable against the patient.
c)
The contract is not enforceable.
d)
The contract is not enforceable against the patient.

Correct answer is option 'B'. Can you explain this answer?

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Principle: Where one of the parties to a contract was in position to d...

Option (b) is the correct option because in this case Doctor is in a dominating position and thus he can make the contract enforceable against the patient.

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Because such payment is not valid for the treatment of fever ....

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Principle: Where one of the parties to a contract was in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate the decision of the other party.Facts: A doctor asked his patient to make a payment of rupees Ten Lakh for treatment of his fever. The patient paid an amount of rupees Five Lakh and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever.The doctor demanded the remaining amount from the patient. The patient refused to pay.

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Principle:Where one of the parties to a contract was in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate the decision of the other party.Factual Situation:A doctor asked his patient to make a payment of rupees Ten Lakh for treatment of his fever. The patient paid an amount of rupees Five Lakh and promised to pay the remaining amount after the treatment. After treatment, the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.

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Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Where one of the parties to a contract is in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who is in a position to dominate the decision of the other party.Facts: A businessman asked an engineer that he would make a payment of Rs. 2,50,000 for repair of machinery. The engineer received an amount of Rs. 1,25,000 and the businessman promised to pay the remaining amount after the repair. After maintenance, the businessman was satisfied with his work. The engineer demanded the remaining amount from the businessman, but he refused to pay.Decide.

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Principle : A contract between the father and his son is a contract of utmost good faith. In such a type of contract law presumes that at the time of entering into the contract the father was in a position to dominate the will of his son. Where one of the parties was in position to dominate the will of the party, the contract is enforceable only at the option of the party whose will was so dominated.Facts : Ram had advanced a sum of Rs. 10000 to his minor son Shyam. When Shyam became major, his father Ram misused his parental position and entered into an agreement with Shyam and obtained a bond from him for a sum of Rs. 30000 in respect of the advance. Whether this agreement is enforceable?

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Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.For a contract to be valid, the consent of the parties must be genuine. The principle of consensus-ad-idem is followed, which means that the parties entering into the contract must mean the same thing in the same sense. The parties to the contract must have the same understanding in regard to the subject matter of the contract.Mere consent is not enough for a contract to be enforceable; the consent given must be free and voluntary. The definition of free consent provided under the Indian Contracts Act is as: Consent that is free from coercion, undue influence, fraud, misrepresentation or mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.Clearly, free consent means the absence of any kind of coercion, undue influence, fraud, misrepresentation or mistake. When the consent which is given is affected by these elements, it calls into question whether the consent given was free and voluntary. The objective of this principle is to ensure that judgement of the parties while entering into the contract wasnt clouded. Therefore, consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract.For example, such a factor which could invalidate a contract is the presence of coercion. According to the Indian Contracts Act, 1872, coercion is defined as commission, or threat to commit, any act forbidden by the Indian Penal Code or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.A very crucial part of the law is the phrase "to the prejudice of any person whatever", which means the coercion could be directed against the prejudice of any person and not just the party to the contract. It is also not necessary that only the party to the contract causes the coercion. Even a third party to the contract can cause coercion to obtain the consent, as was seen in the case of Ranganayakamma v. Alwar Sethi, where a widow was coerced into adopting a boy by the boys parents by not allowing the corpse of the widows husband to be removed from the home until the adoption was made.The burden of proof in cases of coercion lies on the party whose consent was coerced. When consent of a party was obtained through coercion, the contract becomes voidable at the option of the party whose consent was so obtained.Q.Aman sent an email to a contractor for the building project and made an offer that if the latter completed the work within 12 months, Aman would give him 5% over and above the expected market rate. After a month, the contractor replied stating that he could complete the work in 10 months. However, he found that the offer had been given to another contractor two days before, without providing any information to him. Aman said that the contractor should have informed him well in time. The contractor sued Aman stating that the former had accepted the offer on the proposal made to him and Aman had breached the contract. Decide.

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Principle: Where one of the parties to a contract was in position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate decision of the other party.Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.a)The contract is enforceable against the doctor.b)The contract is enforceable against the patient.c)The contract is not enforceable.d)The contract is not enforceable against the patient.Correct answer is option 'B'. Can you explain this answer?

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Principle: Where one of the parties to a contract was in position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate decision of the other party.Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.a)The contract is enforceable against the doctor.b)The contract is enforceable against the patient.c)The contract is not enforceable.d)The contract is not enforceable against the patient.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle: Where one of the parties to a contract was in position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate decision of the other party.Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.a)The contract is enforceable against the doctor.b)The contract is enforceable against the patient.c)The contract is not enforceable.d)The contract is not enforceable against the patient.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: Where one of the parties to a contract was in position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate decision of the other party.Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.a)The contract is enforceable against the doctor.b)The contract is enforceable against the patient.c)The contract is not enforceable.d)The contract is not enforceable against the patient.Correct answer is option 'B'. Can you explain this answer?.

Solutions for Principle: Where one of the parties to a contract was in position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate decision of the other party.Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.a)The contract is enforceable against the doctor.b)The contract is enforceable against the patient.c)The contract is not enforceable.d)The contract is not enforceable against the patient.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.

Here you can find the meaning of Principle: Where one of the parties to a contract was in position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate decision of the other party.Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.a)The contract is enforceable against the doctor.b)The contract is enforceable against the patient.c)The contract is not enforceable.d)The contract is not enforceable against the patient.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle: Where one of the parties to a contract was in position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate decision of the other party.Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.a)The contract is enforceable against the doctor.b)The contract is enforceable against the patient.c)The contract is not enforceable.d)The contract is not enforceable against the patient.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Principle: Where one of the parties to a contract was in position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate decision of the other party.Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.a)The contract is enforceable against the doctor.b)The contract is enforceable against the patient.c)The contract is not enforceable.d)The contract is not enforceable against the patient.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Principle: Where one of the parties to a contract was in position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate decision of the other party.Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.a)The contract is enforceable against the doctor.b)The contract is enforceable against the patient.c)The contract is not enforceable.d)The contract is not enforceable against the patient.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle: Where one of the parties to a contract was in position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate decision of the other party.Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.a)The contract is enforceable against the doctor.b)The contract is enforceable against the patient.c)The contract is not enforceable.d)The contract is not enforceable against the patient.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.

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