CLAT Exam  >  CLAT Questions  >  Principle: Where one of the parties to a cont... Start Learning for Free
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.
  • a)
    The contract is not enforceable without the consent of the patient.
  • b)
    The contract is not enforceable as doctor was in dominating position.
  • c)
    The contract is enforceable against the doctor.
  • d)
    The contract is enforceable against the patient by the doctor.
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Principle: Where one of the parties to a contract was in a position to...
The contract is enforceable as the dominating factor is the patient as the doctor agreed to his condition of payment of remaining amount after treatment.
Free Test
Community Answer
Principle: Where one of the parties to a contract was in a position to...
Principle: Where one party to a contract is in a position to dominate the decision-making of the other party, the contract is enforceable only at the option of the party in the dominating position.
Facts:
- The doctor asked the patient to pay rupees Ten Lakh for the treatment of his fever.
- The patient paid rupees Five Lakh and promised to pay the remaining amount after the treatment.
- After the treatment, the patient recovered from the fever.
Analysis:
- In this case, the doctor is in a position of dominance as he is the healthcare professional treating the patient.
- The patient, being in a vulnerable position due to his illness, is likely to be influenced by the doctor's instructions and demands.
Conclusion:
The correct answer is D: The contract is enforceable against the patient by the doctor.
Explanation:
- The principle of dominance applies in this case because the doctor, being in a position of authority and expertise, has the power to influence the patient's decision-making.
- The patient, being in a vulnerable state due to his illness, may feel compelled to comply with the doctor's demands.
- Therefore, the contract is enforceable against the patient by the doctor, as the doctor was in a dominating position.
Attention CLAT Students!
To make sure you are not studying endlessly, EduRev has designed CLAT study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CLAT.
Explore Courses for CLAT exam

Similar CLAT Doubts

Top Courses for CLAT

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.a)The contract is not enforceable without the consent of the patient.b)The contract is not enforceable as doctor was in dominating position.c)The contract is enforceable against the doctor.d)The contract is enforceable against the patient by the doctor.Correct answer is option 'D'. Can you explain this answer?
Question Description
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.a)The contract is not enforceable without the consent of the patient.b)The contract is not enforceable as doctor was in dominating position.c)The contract is enforceable against the doctor.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.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.a)The contract is not enforceable without the consent of the patient.b)The contract is not enforceable as doctor was in dominating position.c)The contract is enforceable against the doctor.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.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.a)The contract is not enforceable without the consent of the patient.b)The contract is not enforceable as doctor was in dominating position.c)The contract is enforceable against the doctor.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.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.a)The contract is not enforceable without the consent of the patient.b)The contract is not enforceable as doctor was in dominating position.c)The contract is enforceable against the doctor.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.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.a)The contract is not enforceable without the consent of the patient.b)The contract is not enforceable as doctor was in dominating position.c)The contract is enforceable against the doctor.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.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.a)The contract is not enforceable without the consent of the patient.b)The contract is not enforceable as doctor was in dominating position.c)The contract is enforceable against the doctor.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.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.a)The contract is not enforceable without the consent of the patient.b)The contract is not enforceable as doctor was in dominating position.c)The contract is enforceable against the doctor.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.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.a)The contract is not enforceable without the consent of the patient.b)The contract is not enforceable as doctor was in dominating position.c)The contract is enforceable against the doctor.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.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.a)The contract is not enforceable without the consent of the patient.b)The contract is not enforceable as doctor was in dominating position.c)The contract is enforceable against the doctor.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.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev