| Principle When a person is in a position to dominate another's will and .uses that position to procure an unfair contract such contracts can be avoided |
| Facts Vimal wanted to do his post graduation in computers. He could not get the seat in any government college. But one of the private college was ready to admit him provided he would have to pay a hefty sum as capitation fee and he would serve the college for minimum 3 years after his studies. Vimal paid the fee and completed his studies. But he refused to serve the college claiming he could avoid the contract. State whether he will succeed in his claim. |
A) He will not succeed, as it was a condition, for getting admission in college, which he cannot avoid at the later stage
B) It is a valid contract
C) He can avoid the contract because the private college was in a position to dominate the will of Vimal
D) He entered into this contract with the private college, for his own benefit, so he cannot avoid the contract, hence he will not succeed
Correct Answer: C
Solution :
Section 14 of Contract Act tells about free consent. Consent is said to be free, when it is not caerion undue influence fraud, misrepre sentation and mistake.
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