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CS Executive · Jurisprudence, Interpretation and General Laws · Contract Law

Mr. Iyer, an elderly man weakened by illness, is persuaded by his medical attendant Dr. Bose to agree to pay an unreasonably large sum for professional services. Dr. Bose denies undue influence. On whom does the burden of proof lie?

The burden lies on Dr. Bose. He is in a position to dominate Mr. Iyer's will, and the transaction appears unconscionable, so the law requires him to prove that the contract was not induced by undue influence.

  1. AOn Mr. Iyer, who must prove domination
  2. BOn Dr. Bose, as he is in a position to dominate and the transaction appears unconscionableCorrect
  3. COn neither party, as the court presumes validity
  4. DOn Mr. Iyer, because he is the one who is seeking to avoid the contract

Explanation

Where a person in a position to dominate the will of another enters into a contract and the transaction appears unconscionable, the burden of proving that it was not induced by undue influence lies on the dominating person. A medical attendant dealing with an enfeebled patient is such a person. Option A reverses this rule.

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