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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.
  • a)
    The contract is not enforceable without the consent of the patient.
  • b)
    The contract is enforceable against the doctor.
  • c)
    The contract is not enforceable as doctor was in dominating position.
  • d)
    The contract is enforceable against the patient by the doctor.
Correct answer is option 'D'. Can you explain this answer?
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Principle:Where one of the parties to a contract was in a position to ...
As per principle the contract is enforceable at the option of the party who was in a position to dominate the decision of the other. Here doctor is in dominating position over the patient and he has actually operated so contract is enforced.
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Principle:Where one of the parties to a contract was in a position to ...
Principle: Principle of domination
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.

Answer:
The correct option is 'D' i.e. the contract is enforceable against the patient by the doctor.

Explanation:
The principle of domination states that where one party 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 was in a position to dominate the decision of the other party. In the given factual situation, the doctor was in a dominant position as he was the one providing medical treatment to the patient. However, the patient paid an amount of rupees Five Lakh and promised to pay the remaining amount after the treatment. This shows that the patient voluntarily agreed to the terms of the contract.

After the treatment, the patient recovered from the fever and refused to pay the remaining amount to the doctor. This does not mean that the contract was not enforceable. The patient cannot simply refuse to pay the remaining amount after receiving the benefit of the medical treatment. Therefore, the contract is enforceable against the patient by the doctor.

In conclusion, the principle of domination does not apply in this case as the patient voluntarily agreed to the terms of the contract. The doctor provided medical treatment to the patient and deserves to be paid the remaining amount as agreed upon.
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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.

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.Sec. 126 of the Indian Contract Act, defines a contract of guarantee as "A contract to perform the promise, or discharge the liability of a third person in case of his defaults". A guarantee may be either "oral" or "written". Just like any other contracts, it should also fulfill all the essentials of a valid contract. As stated already, three parties are involved in a contract of guarantee.All the three parties namely, the principal debtor, the creditor and the surety must agree to make such a contract. A contract of guarantee pre-supposes the existence of a liability, which is enforceable at law. If no such liability exists, there can be no contract of guarantee. Thus, where the debt, which is sought to be guaranteed, is already time barred or void, the surety is not liable. There must be consideration between the creditor and the surety so as to make the contract enforceable. The consideration must also be lawful. In a contract of guarantee, the consideration received by the principal debtor is taken to be the sufficient consideration for the surety. Thus, any benefit received by the debtor is adequate consideration to bind the surety. But past consideration is no consideration for a contract of guarantee. There must be a fresh consideration moving from the creditor. A contract of guarantee may either be oral or written. In a contract of guarantee, liability of the surety is secondary, i.e. the creditor must first proceed against the debtor and if the latter does not perform his promise, then only he can proceed against the surety. It may be express or implied from the conduct of parties. The creditor should disclose to the surety the facts that are likely to affect the suretys liability. The guarantee obtained by the concealment of such facts is invalid. Thus, the guarantee is invalid if the creditor obtains it by the concealment of material facts The guarantee should not be obtained by misrepresenting the facts to the surety. Though the contract of guarantee is not a contract of uberrimae fidei, i.e. of absolute good faith, and thus, does not require complete disclosure of all the material facts by the principal debtor or creditor to the surety before he enters into a contract. But the facts, that are likely to affect the extent of suretys responsibility, must be truly represented.Q.Anjan supplies goods to Neel on Lavins guarantee that he will pay if Neel defaults and he provides guarantee orally. He agreed to sign a contract later on. Neel made a default on payment. Having not signed the contract of guarantee, Lavin wanted to wriggle out of the situation. He said he didnt stand as a guarantor. Decide.

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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.a)The contract is not enforceable without the consent of the patient.b)The contract is enforceable against the doctor.c)The contract is not enforceable as doctor was in dominating position.d)The contract is enforceable against the patient by the doctor.Correct answer is option 'D'. Can you explain this answer?
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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.a)The contract is not enforceable without the consent of the patient.b)The contract is enforceable against the doctor.c)The contract is not enforceable as doctor was in dominating position.d)The contract is enforceable against the patient by the doctor.Correct answer is option 'D'. 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 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.a)The contract is not enforceable without the consent of the patient.b)The contract is enforceable against the doctor.c)The contract is not enforceable as doctor was in dominating position.d)The contract is enforceable against the patient by the doctor.Correct answer is option 'D'. 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 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.a)The contract is not enforceable without the consent of the patient.b)The contract is enforceable against the doctor.c)The contract is not enforceable as doctor was in dominating position.d)The contract is enforceable against the patient by the doctor.Correct answer is option 'D'. Can you explain this answer?.
Solutions for 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.a)The contract is not enforceable without the consent of the patient.b)The contract is enforceable against the doctor.c)The contract is not enforceable as doctor was in dominating position.d)The contract is enforceable against the patient by the doctor.Correct answer is option 'D'. 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 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.a)The contract is not enforceable without the consent of the patient.b)The contract is enforceable against the doctor.c)The contract is not enforceable as doctor was in dominating position.d)The contract is enforceable against the patient by the doctor.Correct answer is option 'D'. 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 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.a)The contract is not enforceable without the consent of the patient.b)The contract is enforceable against the doctor.c)The contract is not enforceable as doctor was in dominating position.d)The contract is enforceable against the patient by the doctor.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for 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.a)The contract is not enforceable without the consent of the patient.b)The contract is enforceable against the doctor.c)The contract is not enforceable as doctor was in dominating position.d)The contract is enforceable against the patient by the doctor.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of 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.a)The contract is not enforceable without the consent of the patient.b)The contract is enforceable against the doctor.c)The contract is not enforceable as doctor was in dominating position.d)The contract is enforceable against the patient by the doctor.Correct answer is option 'D'. 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 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.a)The contract is not enforceable without the consent of the patient.b)The contract is enforceable against the doctor.c)The contract is not enforceable as doctor was in dominating position.d)The contract is enforceable against the patient by the doctor.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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