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

Indian Contract Act (ICA)1872 Others

Principle: Where one of the parties to a contract was in 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 decision of the other party.

Facts:A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) 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 enforceable against the doctor.

The contract is enforceable against the patient.

The contract is not enforceable.

The contract is not enforceable against the patient.

Explanation:

The principle given in this question states that person who is in position to dominate the decision of another, will have the option to enforce the contract.
This is a mere reversal of
the rule given under Section 16 of The Indian Contract Act.
The contract is enforceable against the patient.