Principle Where one of the parties to a contract was in a position to dominate the decision of the o...........

Indian Contract Act (ICA)1872 Others

Principle: Where one of the parties to a contract was in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate the decision of the other party.

Facts: A doctor asked his patient to make a payment of rupees Ten Lakh for treatment of his fever. The patient paid an amount of rupees Five Lakh and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.

The contract is not enforceable without the consent of the patient.

The contract is not enforceable as doctor was in dominating position.

The contract is enforceable against the doctor.

The contract is enforceable against the patient by the doctor.

Explanation:

The question requires a careful reading and a careful application of the principle. The principle says that the dominating party has the prerogative to enforce the contract. The factual situation makes it clear that the doctor is in a dominating position and hence when the patient makes half of the payment, hence it is the doctor’s exclusive choice to get the contract enforced.The contract is enforceable against the patient by the doctor.