CAF-4 · Chapter 4 · Question 15 of 15
If a party is in a position to dominate the will of another and uses that position to obtain an unfair advantage, the contract is voidable at the option of the party whose consent was so caused. The burden of proving that the contract was not induced by undue influence lies upon:
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: B) The party who was in a position to dominate the will of the other.
Explanation
In cases of undue influence, where a person is in a position to dominate the will, the burden of proof is shifted to them to show that they did NOT use that position unfairly.
More Free consent MCQs
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