In Simple words an improper use of any power over the other party to make him enter into an agreement. Nothing in this sub-section shall affect the provisions of section of the Indian Evidence Act, 1 of From the aforementioned definition, the following are the necessary ingredients of undue influence — The relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other; Such a person uses his dominant position to obtain an unfair advantage over the other In the following cases a person is deemed to be in a position to dominate will of the other party — 1.
What is Undue Influence? Example :- Undue influence may be induced husband on his wife, father on his son, guardian his ward, doctor on his patient, a master on his servant.
Suppose Mr. Techniques of causing coercion — Coercion is said to be caused when consent is obtained by pressure exerted by either of the following ways :- 1.
UNDUE INFLUENCE :- It is defined in the following words "Contract act is said to be induced undue influence where the relation subsisting between the parties are such that one of the parties is in a position to dominate the will of other and uses the position to obtain an unfair advantage over the other.
People in authority have also been known to use their powers to force weaker individuals to agree to specific unfavorable terms.
Intimidation is usually carried out by the parties involved in a contract or the agreement where he or she forces the other party to agree to the terms under consideration. Court Held that the gift was caused by undue influence voidable. Note :- The subject of coercion may be directed against any third person.
On the other hand, undue influence is considered unlawful acts, which is not punishable under the penal code of various countries.