The Law Adopts a Protective Attitude Towards Certain Types of Relationship

The law adopts a protective attitude towards certain types of relationship in which one party acquires influence over another who is vulnerable and dependent, and where substantial gifts by the influenced or vulnerable person are not normally to be expected. In these cases, the law presumes, irrefutably, that one party had influence over the other (old presumed undue influence) . The complainant need not prove he actually reposed trust and confidence in the other party. It is sufficient for him to prove the existence of the type of relationship. In which of the following relationships will there not be an automatic presumption of undue influence?

A) Doctor and patient.
B) Parent and child.
C) Trustee and beneficiary.
D) Husband and wife.