Undue Influence
1. Introduction
Undue influence occurs when one party in a contract unfairly
influences the other, taking advantage of their position of power or trust
to obtain an unfair advantage. This leads to an absence of free consent,
making the contract voidable at the will of the weaker party.
📌 Definition: According to Section
16(1) of the Indian Contract Act, 1872, undue influence is when “one
party is in a position to dominate the will of the other and uses that position
to obtain an unfair advantage in a contract.”
📌 Abbreviation & Meaning:
- Undue Influence (U.I.): The wrongful use of power or trust to
manipulate another party into a contract.
- Coercion vs. Undue Influence:
- Coercion involves physical force or threats.
- Undue influence involves psychological pressure or
misuse of trust.
2. Explanation
For undue influence to be
proven, two conditions must exist:
✅ Dominance of Will – One party is in a
superior position (e.g., guardian-minor, employer-employee, doctor-patient).
✅
Unfair Advantage – The stronger party benefits unfairly from the
contract.
💡 Example:
A doctor convinces his ill patient to transfer all his property to him in
exchange for treatment. The patient agrees due to his dependence on the
doctor, making the contract voidable on grounds of undue influence.
3. Significance
in Real Life
- Family Relationships – Parents, guardians, or elder siblings
may exert undue influence in financial matters.
- Business Transactions – Employers may pressure employees to
sign unfair agreements.
- Medical & Legal Fields – Doctors or lawyers may exploit
vulnerable clients for personal gain.
- Religious & Spiritual Influence – Spiritual leaders may influence
followers to donate large sums of money unfairly.
Recognizing undue influence
helps prevent exploitation and promotes fairness in contractual relationships.
4. Case Example
📌 Case: Mannu Singh v. Umadat Pande (1890)
📌 Parties Involved:
- Plaintiff: Mannu Singh
- Defendant: Umadat Pande (a priest)
📌 Issue & Dispute:
Mannu Singh, a devotee, gave a large sum of money and property to his priest
under religious influence. Later, he claimed that the priest had exerted undue
influence over him.
📌 Scenario Explanation:
- The priest was in a dominant position
due to religious influence.
- The devotee trusted him blindly,
which led to an unfair transfer of assets.
- The plaintiff argued that he was
influenced into making the donation.
📌 Verdict:
The court ruled that since the contract was made under undue influence, it
was voidable at the option of the plaintiff.
📌 Analysis:
- This case highlights that spiritual or
authoritative influence can make a contract voidable.
- Lesson Learned: Contracts should be made with free and
independent consent, without manipulation by an authoritative figure.
5. Conclusion
- Undue influence occurs when a stronger party manipulates
a weaker one into a contract.
- It applies to relationships of trust
and authority (e.g., doctor-patient, teacher-student).
- The contract becomes voidable if
the weaker party proves unfair advantage.
- Courts recognize undue influence to prevent
exploitation and ensure fairness in agreements.
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