A relation of trust enables one party to dominate the will of another. The dominant party uses this to obtain an unfair advantage by contract. This is best described as
AUndue influence under Section 16
BFraud under Section 17
CMisrepresentation under Section 18
DCoercion under Section 15
Answer & Solution
Correct answer: A. Undue influence under Section 16
Undue influence (s16) needs (i) capacity to dominate the other's will and (ii) actual use of that position to obtain an unfair advantage. Coercion is force; fraud is intentional deceit; misrepresentation is innocent misstatement of material fact.
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