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Essay On Fiduciary Relations

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INTRODUCTION: Mental, moral, or physical domination that deprives a person of independent judgment and substitutes another person’s objectives in place of his or her own .Exercise of undue influence is characterized often by excessive insistence, superiority of physical power, mind,or will, or pressure applied due to authority, position, or relationship in relation to the strength of the person submitting to it. Consent obtained for a contract, relationship, or transaction is voidable if it can be shown that an unfair advantage has been taken of an involved party.
DEFINITION:
Undue Influence is defined as,-
(1) A contract is said to be induced by “undue influence” where the relations subsisting between the …show more content…

Instead every relationship of trust and confidence is a fiduciary relation. And confidence is at the base of innumearable transactions of mankind. This category is, therefore, a very wide one. It includes the relationship of solicitor and client, trustee and cestui que trust, spiritual adviser and his devotee, doctor and patient ,woman and her confidential managing agent, parent or guardian and child, and creditor and debtor. The relationship of trust and confidence presents a very good opportunity to the person in whom confidence is held to exploit it to his own use. A contract between persons so related is, therefore, voidable if the consent was obtained by abusing the confidence. *Mental Distress: The last category of persons whose will is vulnerable to all sorts of influences is that of “persons in mental distress”. A person is said to be in distress when his mental capacity is temporarily or permanently affected. It may be due to extreme old age or mental or bodily illness or any other cause .Such a person is easily persuaded to give consent to a contract which may be unfavorable to him.

BURDEN OF

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