Hi, I'm NyayGuru. What legal advice do you need?

"it is an essential condition for challenging a contract on the basis of undue influence
that one should be in the position to dominate the will of the other" examine this
statement and explain the effects of undue influence on the validity of a contract

According to Indian contract law, the statement that one should be in a position to
dominate the will of the other is indeed an essential condition for challenging a
contract on the basis of undue influence.

Undue influence refers to a situation where one party exerts excessive influence over
the other, thereby overpowering their free will and decision-making ability.

To examine this statement further, it is important to understand the effects of undue

influence on the validity of a contract. When a contract is tainted by undue influence,
it is considered to be voidable at the option of the party who was influenced. This
means that the affected party has the right to either affirm the contract or set it aside.

The burden of proof lies with the party alleging undue influence to establish that the
other party was in a position to dominate their will. Factors such as the relationship
between the parties, their respective positions of power, and the circumstances
surrounding the contract are taken into consideration in determining whether undue
influence exists.

If undue influence is proven, the contract becomes voidable. This means that the
affected party can choose to rescind the contract and be relieved of their obligations
under it. They may also seek restitution or damages for any losses suffered as a result
of the undue influence.

It is important to note that the Indian Contract Act, 1872 provides protection against
undue influence to parties who are in a weaker position and susceptible to being taken
advantage of. This ensures fairness and equity in contractual relationships.

Please keep in mind that my responses are based on Indian laws and may not be
applicable to other jurisdictions. If you have any specific questions or require further
clarification, feel free to ask.