Multiple choice

In an unconscionable contract, the burden of proving that the contract was not induced by undue influence lies on

  1. person who is in a position to dominate the will of another

  2. person who accepted the proposal

  3. friend of the acceptor

  4. friend of the proposer
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A Correct answer
Explanation

Section 16 (3) of the Indian Contract act states that where a person who is in a position to dominate the will of another, enters into a contract with him and the transaction appears on the face of it or on the evidence adduced to be unconscionable, the burden of proving that such contract was not induced by undue influence shall be upon the person in a position to dominate the will of the other. 

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