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Where one party is in a position to dominate the will of another and uses his superior position to obtain the consent of a weaker party, the consent is said to be obtained by
- a)coercion
- b)undue influence
- c)fraud
- d)misrepresentation.
Correct answer is option 'B'. Can you explain this answer?
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Most Upvoted Answer
Where one party is in a position to dominate the will of another and u...
Undue Influence:
- Undue influence occurs when one party has the ability to dominate the will of another and uses their superior position to obtain the consent of the weaker party.
- It is a situation where the consent is obtained through unfair or improper means.
Options:
A. Coercion:
- Coercion refers to the act of forcing someone to do something against their will through threats or force.
- While coercion involves exerting pressure on someone, it may not necessarily involve a position of dominance.
B. Undue Influence:
- Undue influence is the correct answer as it aligns with the given scenario where one party dominates the will of another to obtain consent.
- It implies the use of superior position or influence to improperly obtain consent from a weaker party.
C. Fraud:
- Fraud involves intentional deception or misrepresentation for personal gain or to cause harm to another party.
- While fraud can be a form of undue influence, it typically involves deception rather than a position of dominance.
D. Misrepresentation:
- Misrepresentation refers to providing false information or presenting facts in a misleading way.
- While misrepresentation can be a tactic used in undue influence, it does not necessarily involve the dominant position of one party over another.
Conclusion:
The correct answer is B. Undue influence, as it accurately describes the situation where one party dominates the will of another to obtain consent.
- Undue influence occurs when one party has the ability to dominate the will of another and uses their superior position to obtain the consent of the weaker party.
- It is a situation where the consent is obtained through unfair or improper means.
Options:
A. Coercion:
- Coercion refers to the act of forcing someone to do something against their will through threats or force.
- While coercion involves exerting pressure on someone, it may not necessarily involve a position of dominance.
B. Undue Influence:
- Undue influence is the correct answer as it aligns with the given scenario where one party dominates the will of another to obtain consent.
- It implies the use of superior position or influence to improperly obtain consent from a weaker party.
C. Fraud:
- Fraud involves intentional deception or misrepresentation for personal gain or to cause harm to another party.
- While fraud can be a form of undue influence, it typically involves deception rather than a position of dominance.
D. Misrepresentation:
- Misrepresentation refers to providing false information or presenting facts in a misleading way.
- While misrepresentation can be a tactic used in undue influence, it does not necessarily involve the dominant position of one party over another.
Conclusion:
The correct answer is B. Undue influence, as it accurately describes the situation where one party dominates the will of another to obtain consent.
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Where one party is in a position to dominate the will of another and uses his superior position to obtain the consent of a weaker party, the consent is said to be obtained bya)coercionb)undue influencec)fraud d)misrepresentation.Correct answer is option 'B'. Can you explain this answer?
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