Question

Principle: Where one of the parties to a contract was in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate decision of the other party.
Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.

• A. The contract is enforceable against the doctor.
• B. The contract is enforceable against the patient.
• C. The contract is not enforceable.
• D. The contract is not enforceable against the patient.

Hint:

In contracts where one party has significant control over the other’s decisions, the enforceability of the contract depends on the dominant party’s discretion.

Answer 1

The Correct Option is B

The principle mentioned here indicates that when one party holds the power to dominate the decision-making of the other party, the contract is enforceable only at the discretion of the dominant party. In this case, the patient agreed to pay a large sum of money (Rs. 10,00,000/-) for the doctor's services. Since the doctor was in the dominant position to make the treatment decision, the contract remains enforceable against the patient. The patient’s refusal to pay the balance amount does not invalidate the contract because the doctor had the authority to make the decision.
Thus, the correct answer is (B). Option (A) is incorrect because it implies the enforceability against the doctor, which contradicts the power dynamics in this situation. Option (C) is incorrect because the contract is enforceable. Option (D) is incorrect because, again, the contract remains valid and enforceable against the patient.