Sub section 1 of Section 16 of Indian Contract Act 1872 requires the Court trying a case to consider...........

Sub-section 1 of Section 16 of Indian Contract Act, 1872 requires the Court trying a case to consider which of the following?

Are the relations between the donor and the done such that the done is in a position to dominate the will of the donor?

Has the done use that position to obtain an unfair advantage over the donor?