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Where a money-lender obtains an unconscionable bargain from a needy borrower, the burden of proving that no undue influence was used lies on:
ANeither party
BThe borrower who alleges it
CThe party in the dominant position (the lender)
DThe court of its own motion
Answer & Solution
Correct answer: C. The party in the dominant position (the lender)
Where one party dominates the will of the other and the bargain is unconscionable, the law presumes undue influence and the burden shifts to the dominant party to disprove it.
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