Whether there was valid contract between the plaintiff and the Government agent?
An offer which is meant for one person cannot be accepted by another as it prevents real consent.
Whether innocent misrepresentation sufficient ground to give rise to right to claim rescission after the contract has been completed?
Whether the plaintiff had accepted the lorry before he alleged to reject it?
A party to the contract loses its right to rescind a contract for misrepresentation if it affirms it by continuing to use the goods after discovering the defect.
Whether a contract executed in favor of religious or spiritual leader crosses the threshold of undue influence?
Fiduciary relationship between the parties put the transaction into judicial scrutiny.
Any relationship that creates significant potential to dominate the will of the plaintiff will assume undue influence and onus to disproof the charge lies on the defendant.
Whether the Appellant can claim his right, under the Section 16 of the Indian Contract Act?
Whether the Respondent was in position to dominate the will of the other party?
The burden of proving that the contract was not induced by undue influence is to lie upon the person who was in a position to dominate the will of the other.
If a fact is established, then the unconscionable nature of the bargain and the burden of proof on the issue of undue influence come into operation.
Whether the mortgage by the defendant to the plaintiff of her right to future maintenance is ineffective?
Whether the contract was induced by undue influence?
Whenever there is a situation of the parties in an agreement where one of the parties is in position to dominate the will of other, the ‘relation’ between the parties means not only the personal relations but the circumstances in which the contract was entered into.
Whether the plaintiff can take action against the defendant for the fraudulent information declared in the company’s prospectus?
Whether the defendant is liable for the fraud?
Fraud may be postulated, not only upon misrepresentation, but upon the breach of an absolute duty to disclose all relevant facts.
Also, fiduciary relationships create such a duty of disclosure and where superior knowledge of one party is coupled with ignorance or trustfulness in another.