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In which of the following cases, undue influence is presumed:
Question



In which of the following cases, undue influence is presumed:

A.

Creditor and debtor

B.

Landlord and tenant

C.

Husband and wife

D.

Parent and child

Correct option is D

Undue influence is presumed in relationships where one party holds a dominant position over the other, creating a fiduciary relationship. This is common in the case of parent and child, as the parent typically has authority and influence over the child.
Information Booster:
Under Section 16 of the Indian Contract Act, 1872, undue influence is presumed in relationships where:
1. One party is in a position to dominate the will of the other.
2. The dominant party uses its position to obtain an unfair advantage.
Common examples include:
· Parent and child.
· Guardian and ward.
· Doctor and patient.
· Trustee and beneficiary.
Additional Knowledge:
· Creditor and debtor (a): Undue influence is not presumed but can be proved if coercion exists.
· Landlord and tenant (b): No presumption, as the relationship is contractual and typically commercial.
· Husband and wife (c): Influence is not automatically presumed unless proven in specific circumstances.

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