In an action for undue influence,defendants may be obliged to prove they did not obtain a benefit by exploiting their special relationship with the plaintiff.In which of the following relationships does the law presume that this special relationship exists?

Question

Quizplus · Accepted Answer

The law presumes a special relationship exists between a doctor and patient, where the doctor has a duty of care towards the patient and has access to confidential information. This duty and access could potentially be exploited for undue influence. The other relationships do not typically carry the same level of trust and vulnerability, and thus the presumption of a special relationship does not apply.

In an Action for Undue Influence,defendants May Be Obliged to Prove