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MGT611 Business & Labor Law GDB Spring 2020 Solution & Discussion Last Date: 09-06-2020

MGT611 Business & Labor Law GDB Spring 2020 Solution & Discussion Last Date: 09-06-2020

MGT611 GDB 1 Solution and Discussion

Total Marks 5
Starting Date Wednesday, June 03, 2020
Closing Date Tuesday, June 09, 2020
Status Open
Question Title Free Consent
Question Description

The Case:

Mr. Qasim is running a shop of new watches. He is also studying as a private student under the supervision of a teacher. One day his teacher come to his shop and selects an expensive beautiful watch for himself. However, he (teacher) insists to buy the watch at a price which is quite low than the market price of that watch. Mr. Qasim would never sell that watch at the low stated price to any customer but due to the respect of his teacher, allows him to buy it at a price quoted by his teacher. His teacher buys the watch and leaves the shop.

Required

Discuss whether “Undue Influence” has been exercised in this case with reference to the conditions mentioned in the contract act 1872 with regard to presence or absence of undue influence.

Instructions

Be brief & precise and write in your own words.
Be honest. Prepare the solution yourself. Do not copy-paste from any source.


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Replies to This Discussion

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MGT611 GDB Idea Sol, June 2020
Undue influence has been exercised in the above case as:
According to the Section 16 Contract Act 1872
A contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.
The person who can dominate the will of the other has a real or apparent authority or fiduciary relation. In this scenario, the teacher has a fiduciary relationship with the student and he is in a position to dominate the will of the student as the student goes to a school where he teachers him/her. His academic performance is under the teacher’s control. The teacher uses that position and insisted to buy the watch and obtain unfair advantage and buys the watch at a low price on which Mr. Qasim has never sold that type of watch to any of his customers.
MGT611 GDB Idea Sol, June 2020
Undue influence has been exercised in the above case as:
According to the Section 16 Contract Act 1872
A contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.
The person who can dominate the will of the other has a real or apparent authority or fiduciary relation. In this scenario, the teacher has a fiduciary relationship with the student and he is in a position to dominate the will of the student as the student goes to a school where he teachers him/her. His academic performance is under the teacher’s control. The teacher uses that position and insisted to buy the watch and obtain unfair advantage and buys the watch at a low price on which Mr. Qasim has never sold that type of watch to any of his customers.

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