A student agrees under pressure to gift the entire property to his edu...
Undue Influence:
Undue influence refers to a situation where one party exerts excessive pressure or influence over another party, thereby overpowering the other party's free will and decision-making ability. In such cases, the contract entered into under undue influence can be set aside.
Explanation:
In the given scenario, the student agrees to gift the entire property to his education guru under pressure. This pressure can be considered as undue influence, as the education guru holds a position of power and authority over the student, which he exploits to gain an unfair advantage.
Key Points:
- Undue influence occurs when one party takes advantage of their dominant position to force the other party into a contract.
- The person exerting undue influence can be in a position of authority, trust, or confidence over the other party.
- Undue influence can be either actual or presumed.
- Actual undue influence occurs when there is evidence of coercion, manipulation, or exploitation.
- Presumed undue influence arises in certain relationships where there is a fiduciary duty, such as between a teacher and student, doctor and patient, or lawyer and client.
- When a contract is entered into under undue influence, the affected party can seek to have the contract set aside.
Conclusion:
In this case, the student can argue that he was coerced or manipulated by his education guru to gift the entire property. As a result, the contract can be set aside on grounds of undue influence. It is important to protect individuals from unfair and exploitative contracts, especially when there is a power imbalance between the parties involved.